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TERMS AND CONDITIONS

Last Updated: 29 November 2023

 

IMPORTANT: PLEASE READ THESE TERMS AND CONDITIONS (“TERMS”) CAREFULLY BEFORE USING THIS WEB SITE. BY USING THIS WEB SITE, YOU ARE AGREEING TO BE BOUND BY THESE TERMS. THESE TERMS INCLUDE GRANTS AND WAIVERS OF RIGHTS, INCLUDING A CLASS ACTION WAIVER, LIMITATIONS OF OUR LIABILITY, YOUR INDEMNITY OF US, AND RESOLUTION OF DISPUTES BY ARBITRATION INSTEAD OF IN COURT.

 

OVERVIEW

 

Jaypore Fashion Inc. (“Jaypore”, “us”, “we”, or “our”) operates the http://www.jaypore.com website (the “Site”). Jaypore offers this website, including all information, tools and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. Additionally, the Site may contain other terms and conditions that govern particular features, offers, sales or products (“Additional Terms”).

By visiting our Site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms and Conditions (“Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the Site, including without limitation users who are visitors, vendors, customers, merchants, and/ or contributors of content. 

Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the Site, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.

Any new features or tools which are added to the current store shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

You may download a printable copy of these Terms (PDF): here.


WHAT’S IN THESE TERMS?

  1. Online Store Terms,
  2. General Conditions
  • Modifications to the Service and Prices
  1. Products
  2. Accuracy of Billing and Account Information
  3. Optional Tools
  • Third-Party Links
  • Copyright and Trademarks
  1. User Comments, Feedback, and Other Submissions
  2. Personal Information
  3. Errors, Inaccuracies, and Omissions
  • Prohibited Uses
  • Dispute Resolution
  • Disclaimer of Warranties; Limitation of Liability
  1. Indemnification
  • No Assignment
  • Severability
  • Force Majeure
  • Termination
  1. Entire Agreement
  • Governing Law
  • Changes to Terms and Conditions
  • Contact Information

 

  • ONLINE STORE TERMS

By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your state or territory of residence, or that you are the age of majority in your state or territory of residence and you have given us your consent to allow any of your minor dependents to use this Site.

You may not use our products 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.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

 

  • GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

  • MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. 

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

  •  PRODUCTS

Certain products may be available exclusively online through the website. 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 that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

All orders are subject to our acceptance or rejection based on product availability, compliance with these Terms, or any other reason as determined in our sole discretion.  The receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product.

All purchases of our products must be for your personal use only. By purchasing our products, you agree not to resell or distribute such products for any commercial purpose. If we suspect that you are someone who has resold our products in the past, currently resells our products, or intends to resell our products in the future without our authorization, we may, without limitation, restrict sales to you, cancel your past, present, or future orders, void any warranties stated herein or on the products that you ordered, prohibit or restrict product returns, institute order quantity restrictions, and/or suspend or close your account. We also reserve the right, in our sole discretion, to take steps to verify your identity to process your order if we suspect that you are in violation of these Terms.

We also reserve the right, but are not obligated, to limit the sales of our products 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 that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product made on this Site is void where prohibited.

We do not warrant that the quality of any products purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

  •  ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

 

  • OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

 Any use by you of optional tools offered through the Site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions.

 

  • THIRD-PARTY LINKS

Certain content, products, and services available via our Service may include materials from third-parties.

Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

  • COPYRIGHT AND TRADEMARKS

 Please feel free to browse the Site. In general, and unless otherwise posted, you may review and print copies of material from the Site, provided that the material (1) is used only for non-commercial purposes, and (2) retains, without alteration, all copyright, trademark, and other proprietary notices displayed on the material as posted on the Site.

You are not permitted to make or distribute copies of material on the Site for any commercial purpose without prior written permission from Jaypore. None of the material contained on the Site (including all software, HTML code, and other code) may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo-reproduction, recordation, or otherwise), resold or redistributed without the prior written permission of Jaypore. Except as otherwise noted, all content of the Site is: Copyright © 2023 Jaypore Fashion Inc. All rights reserved.

Many of the trademarks/service marks and/or logos (collectively the “Marks”) displayed on the Site identify the services and products of Jaypore and related organizations, and inform the public as to the source of those services and products. Your misuse of any Mark is strictly prohibited, including without limitation, your use of Marks in any of the following ways:

  • In a manner likely to cause confusion
  • To identify your products or services
  • In, as, or part of your own trademarks or service marks
  • In a manner that inaccurately implies a sponsorship, endorsement, or other connection with your products, services, or other activities; or
  • In a manner that disparages or dilutes the Marks.

Jaypore has a policy of terminating services to users who willfully and/or repeatedly infringe. For further information regarding permission to use the Marks or material from the Site, please contact us at [contact email].

 

  • 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 is 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.

 

  • PERSONAL INFORMATION

 Your submission of personal information through the store is governed by our Privacy Policy.

 

  • ERRORS, INACCURACIES, AND OMISSIONS

 Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

  • PROHIBITED USES 

In addition to other prohibitions as set forth in these Terms and Conditions, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, state or territory regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

  • DISPUTE RESOLUTION

Except as specifically stated herein, you agree that any disputes, actions, and claims relating to your use of the Site and all matters arising out of or related to the Services (including any applicable Additional Terms) (collectively “Disputes” or a “Dispute”) that are not resolved informally shall be resolved exclusively by final binding arbitration, except that you may assert claims in small claims court in the county of your residence or in Wilmington, Delaware, if your claims qualify.

Informal Negotiation. In the event of a Dispute, you and Jaypore agree to attempt to avoid the costs of formal dispute resolution by giving each other a full and fair opportunity to address and resolve a dispute informally. The claiming party must send to the other party a notice of dispute, which is a written statement that sets forth the name, address, and contact information of the party giving the notice, detailed factual information sufficient to evaluate the merits of the claiming party’s individualized claim, and the specific relief sought, including whatever amount of money is demanded and the means by which the demanding party calculated the claimed damages. You must send any notice of dispute to [Insert address for dispute claims]. We will send any notice of dispute to you at the contact information we have for you. You and Jaypore will attempt to resolve a dispute through informal negotiation within sixty (60) days beginning from the date the notice of dispute is sent. This informal negotiation requires an individual meet–and-confer in person, telephonically, or via videoconference that addresses only the dispute between you and us. If you are represented by counsel, your counsel may participate in the conference, but you will also need to individually participate. Jaypore will participate in the conference through one or more representatives, which may include our counsel. After the end of the sixty (60) day informal negotiation period and not before, and only after the completion of the dispute resolution conference with respect to a claim, you or we may commence an arbitration proceeding regarding that claim. Alternatively, you may litigate a dispute in small claims court immediately if the dispute meets the requirements to be heard in small claims court and you proceed only on an individual basis, whether or not you first negotiated informally or completed a dispute resolution conference. However, nothing in this paragraph is intended to prohibit the parties from engaging in informal communications to resolve the initiating party’s claims before, during, or after any dispute resolution conference or filing in small claims court.

Binding Arbitration. If you, on one hand, and Jaypore, on the other, do not resolve a dispute by informal negotiation, the dispute shall be resolved exclusively by final binding arbitration, except that you may assert claims in small claims court in the county of your residence or in Wilmington, Delaware, if your claims qualify. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA’s Consumer Arbitration Rules. All of the AAA’s rules are available at www.adr.org, and the rules governing consumer disputes are available at www.adr.org/consumer. The AAA’s rules, including the rules governing consumer disputes, are also available by calling 1-800-778-7879. You may initiate arbitration by utilizing the forms available on www.adr.org. If you have any difficulty initiating arbitration, you may call the AAA at 800-778-7879. You and Jaypore are each giving up the right to have disputes resolved in court before a judge and/or jury (except as stated otherwise in this Dispute Resolution Section). The Federal Arbitration Act, not state law, shall govern the arbitrability of all Disputes between Jaypore and you. All issues are for the arbitrator to decide, except that issues relating to the scope, interpretation, and enforceability of this Dispute Resolution section, including the arbitration and class action waiver provisions, are for the court to decide. The most current version of this Dispute Resolution section in effect when any Dispute arises shall govern resolution of any Dispute. This arbitration provision shall survive termination of these Terms.

Payment of all filing, administration and arbitrator fees (“Arbitration Fees”) will be governed by the AAA’s rules. You agree to commence arbitration only in your county of residence or in Wilmington, Delaware. The arbitration will be conducted based on written submissions unless you request a phone or in-person hearing, or the arbitrator determines that a phone or in-person hearing is necessary. The arbitrator may only award those damages and relief as a court could, and must follow the terms and conditions of the Agreement and this Dispute Resolution Section.

Limited Time To File Claims. TO THE FULLEST EXTENT NOT PROHIBITED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH IN THIS DISPUTE RESOLUTION SECTION) WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES – OR IT WILL BE FOREVER BARRED.

Injunctive Relief. The foregoing provisions of this Dispute Resolution Section will not apply to any legal action taken by Jaypore to seek an injunction or other equitable relief in emergent circumstances in connection with any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Site and/or Jaypore’s intellectual property rights, Jaypore’s operations, and/or Jaypore’s products or services.

No Class Action Matters. Disputes will be arbitrated only on an individual basis and will not be joined or consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party. YOU AND JAYPORE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. There shall be no right or authority for any Dispute to be arbitrated on a class action basis or on any basis involving Disputes brought in a purported representative capacity on behalf of the general public, or other persons or entities similarly situated. But if, for any reason, any court with competent jurisdiction holds that this restriction is unconscionable or unenforceable, then our agreement in this Dispute Resolution section to arbitrate will not apply and the Dispute must be brought exclusively in court pursuant to this Dispute Resolution section. Notwithstanding any other provision of this Dispute Resolution section, any and all issues relating to the scope, interpretation, and enforceability of this Dispute Resolution section, including the class action waiver provisions contained herein, are to be decided only by a court of competent jurisdiction, and not by the arbitrator.

Federal and State Courts in Wilmington, Delaware. Except to the extent that arbitration is required in this Dispute Resolution section, and except as to the enforcement of any arbitration decision or award, any action or proceeding relating to any Dispute may only be instituted in state or federal court in Wilmington, New Castle County, Delaware. Accordingly, you and Jaypore consent to the exclusive personal jurisdiction and venue of such courts for such matters. You hereby waive any and all jurisdictional and venue defenses that might otherwise be available.

 

  • DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

 We do not guarantee, represent, or warrant that your use of the Service will be uninterrupted, timely, secure, or error-free.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Jaypore, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, 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 the Service or any content 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, our liability shall be limited to the maximum extent permitted by law.

 

  • INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Jaypore and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

  • NO ASSIGNMENT

 You may not assign your rights or obligations under this Agreement without the prior express written consent of Jaypore.

 

  • SEVERABILITY

In the event that any provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions. Such determination shall not affect the validity and enforceability of any other remaining provisions.

 

  • FORCE MAJEURE

Notwithstanding any other provision contained in these Terms & Conditions, in the event that the performance of any obligation of Jaypore is prevented due to acts of God or any government restriction, wars, hostilities, blockades, civil disturbances, strikes, lockouts, or any other cause beyond the reasonable control of Jaypore, then we shall not be responsible to you for any failure or delay in the performance of our obligations. We shall promptly notify you of such force majeure condition. The terms of this clause shall not exempt, but merely suspend, us from our duty to perform until as soon as practicable after a force majeure condition ceases to exist.

 

  • TERMINATION

 The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. 

These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any provision of these Terms and Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or we accordingly may deny you access to our Services (or any part thereof).

 

  • ENTIRE AGREEMENT

The failure by us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

These Terms and Conditions and any policies or operating rules posted by us on this Site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).

Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.

 

  • GOVERNING LAW

The Services shall be governed by the laws of the United States, including federal copyright and trademark laws, and the laws of the State of Delaware applicable to contracts entered into and to be wholly performed therein, without regard to conflict of laws or choice of law principles.

 

  • CHANGES TO TERMS AND CONDITIONS

You can review the most current version of the Terms and Conditions at any time at this page. 

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes. 

 

  • CONTACT INFORMATION

Questions about the Terms and Conditions should be sent to us by email at [hello@jaypore.com]. If you are a customer in need of assistance please send an email to our customer care team. Our Live Chat is available Monday -Thursday 8:00 AM to 8:00 PM (CT), Friday 8:00 AM to 5:00 PM (CT) and Saturday 8:00 AM to 12:00 PM (CT). 

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