Terms Of Sales

 

1. Overview

Welcome to https://www.joss-wear.com, a selling platform of the official items of Jossport Sàrl, Av. Du Léman 56, 1005 – Lausanne (“JOSS-WEAR”) in Switzerland and Lichtenstein , notably articles of clothing such as t-shirts, polo shirts, sweatshirts, joggings, caps and many other similar services (collectively, the “Services”).

 

2. Acceptance of the General Conditions of Sale

By accessing and using the Services, you acknowledge that you abide by the rules of these terms and Conditions of Sale (« TOS »), that you declare having duly read and fully understood. Jossport reserves the right, at its sole discretion, to bring any amendments or even change these (« TOS ») at any time necessary. It rests with your responsibility to regularly consult the aforesaid terms at [https://www.joss-wear.com] so as to catch a glimpse of whatever available changes that may have been brought.

By accessing and using the Services, you hereby acknowledge that you would accept any of the said potential changes brought to the TOS ( Terms of conditions) without any possible opposition from you.

 

3. Content

The contents of the Services, in particular the Site and product pictures, is offered to you as is and may, by no means, be used, or reproduced, distributed, transmitted, disseminated, represented, and even sold, assigned or otherwise exploited for any other use than their consultation and use. For this sole and unique purpose, Jossport s.à.r.l authorizes you in a limited, revocable and non-exclusive way to access and use the Services in accordance with these TOS.

You would agree not to violate any legal standard or use the Services for an illegal purpose; not to infringe the intellectual property of Jossport s.à.r.l or of third parties; not to include any false, incomplete or inaccurate information; not to include any virus, Trojan horse, worm, time bomb or any other program designed to damage, produce a harmful effect, intercept or counter any system, data or personal information.

 

4. Pre-requisite order conditions

For access to and use of the Services, you guarantee that you are a physical individual according to the law of your country of residence, be at least eighteen (18) years old or being of age. For minors or persons subject to an adult protection measure, the consent (s) of the legal representative (s) is (are) required.

You agreement is compulsory to provide accurate, precise details, disclosing your Identity in full when confirming an order or other Service as prompted by the required form. Should you provide information that prove inaccurate, being not up-to-date or merely incomplete, or if Jossport s.à.r.l has reasonable grounds to suspect that you have purposely provided it, or if we have any reason to believe otherwise that you have omitted to comply with any rules of these TOS, Jossport s.à.r.l has the right to deny any future access to de the Services (or any part thereof), without justifications.

 

5. Price

• .The prices indicated on the Site are understood to be net, in Swiss francs, including VAT if applicable. To the prices indicated are added the delivery fees which are not included.
• Jossport s.à.r.l reserves the right to immnently reflect any change in the applicable VAT rate on the prices displayed on the Site.
• The prices displayed on the Site are subject to change at any time without special notifications from Jossport s.à.r.l, without any liability on its end. However, these price changes will not affect already placed and confirmed prior to the said changes.

 

6. Conclusion of an order, terms and conditions of payment.

Any order via the Site is considered as an offer to conclude a sales contract between you and Jossport s.à.r.l in accordance with these TOS

The products sold on the Site are described and presented as far as possible in accurately as possible by Jossport s.à.r.l, without prejudice to article 12 below. If despite all these precautionary measures taken by Jossport s.à.r.l errors still should be present in these descriptions and presentations, Jossport s.à.r.l shall endeavor to correct them as promptly as possible and to their utmost for client’s satisfaction’s sake.

Any order placed on the Site must be fully paid prior to any potential delivery. Payment will not be deemed to have been made until Jossport has duly received the payment in full as indicated on each order via the Site. Once the payment has been verified and confirmed by Jossport s.à.r.l, you shall receive a confirmation e-mail encompassing the details of your order.

You may honor your payment via by the means of PayPal, a secure service from PayPal Inc. available at https://www.paypal.com/ch.

All orders are subject to logistical check of the availability of products and stocks. If a product proves not available in stock, Jossport s.à.r.l will inform you by e-mail of the partial or complete cancellation of the order and you will be refunded in full relating thereto as soon as possible.

The sales contract is not concluded and is only effective after receipt of your payment by Jossport s.à.r.l and sending from it a shipping confirmation email.

 

7. Discount Coupons

The discount voucher can be used on the Site for an order, provided that the amount thereof is equal to or greater than the minimum amount indicated on the discount voucher, valid until the date as shown on each discount voucher.

You may not accumulate several discount coupons per order or use them retroactively for products ordered via the Site.

Crédits in the form of discount voucher cannot be converted into cash and cannot be subject to interest payments.

 

8. Delivery

Jossport s.à.r.l delivers in Switzerland and Lichtenstein.
Once delivered the product(s) of your order is (are) confirmed to you by an e-mail from Jossport s.à.r.l.

Delivery is free of charge for orders over CHF 100 (excl. taxes). For orders below this amount, a delivery charge of CHF 7 will be applied. These delivery costs are only charged once per order, even if the order is delivered in several packages. You understand and accept that Jossport s.à.r.l cannot be held responsible for any damage resulting from the delivery such as theft, loss, delay or other problems resulting from the dispatch of the order by post.

The shipment of ordered and available products is made by post within approximately 5 to 7 working days for Switzerland and 1 to 2 weeks for Lichtenstein. Jossport s.à.r.l ships orders from Monday to Friday. Orders paid before 1 p.m. are dispatched the same day. During commercially busy periods, such as sales or end-of-year holiday periods, the deadlines announced may be extended.

 

9. Warranty, right of return and exchange

Once your order has been delivered, it is your responsibility to check the condition of the products ordered and delivered without delay and to notify Jossport s.à.r.l customer service of any defect, such as a manufacturing defect, within 3 working days. The guarantee given does not cover defects resulting from an accident, non-conforming use, as well as defects which are the consequence of normal wear and tear of the products.

In the absence of proven defect notification, the products ordered are deemed to have been duly received in a good condition, without defects or damage, and accepted with the exception of any hidden defects.

The warranty takes effect only upon delivery of the product (s) and provided that it is justified using the applicable invoice.

In order to assert your right of guarantee, the products ordered must be returned intact and complete in their original packaging (with the labels including their references), accompanied by the delivery slip, within 14 days of receipt of the products ordered by you, to the following address:

JOSSPORT S.à.r.l
Av. du Léman 56
1005 Lausanne

In the event of a warranty claim, Jossport s.à.r.l may, at its sole discretion, replace a defective product with another product of the same quality. Jossport s.à.r.l strives to make its best efforts to respond to any warranty request within a reasonable time.

Furthermore, if you change your mind, or if, despite all the attention Jossport s.à r.l. pays to the quality of its products, you are still not satisfied, or the products do not suit you, the products ordered via the Site can be returned or exchanged in accordance with the terms and conditions described in article 8.4 above. The shipping costs related to a return are at your own expense unless an exchange, or shipping costs has been previously or contractually offered to you. Upon receipt of a returned product, Jossport s.à.r.l. will check it. Once the return conditions have been duly fulfilled and duly respected, Jossport s.à.r.l will proceed with the refund via PayPal.

 

10. Copyright and Trademark

The name, figurative trademark and logo “JOSS”, as well as the Site and its content, including any pictures of products and models, are protected in particular by copyright and trademark rights.

10.1. Modification of Services

Jossport s.à.r.l reserves the right, at any time, to modify or stop provisionally or permanently the Services, in particular the Site (or any part thereof), with or without notice. You agree that Jossport s.à.r.l will not be liable to you or to any third party for any modification, suspension or termination of the Services. Any part of the content of the Services may be obsolete at any time and Jossport s.à.r.l is under no obligation to update this content.

11. Termination

Jossport s.à.r.l may, at its sole discretion and without liability towards you, with or without reason, with or without notice, at any time withdraw your access to all or part of the Services.

You agree that Jossport s.à.r.l. may, at its sole discretion, cancel your use of the Services for any reason whatsoever, including, but not limited to, for lack of use or if it believes that you have violated any provision of the TOS. Jossport s.à.r.l. may also, at its sole discretion and at any time, stop providing the Services or any part thereof, with or without notice. Furthermore, you agree that Jossport s.à.r.l. shall not be liable in any way whatsoever to you or to any third party for any cancellation of your access to the Services or for the cessation of the provision of the Services.

12. Exemption clause

You access and use the Services at your sole risk. The Services and their content, including descriptions and presentations of the products offered and sold on the Site, are provided as is and according to their availability. Jossport s.à.r.l. expressly declines, and you waive, all guarantees of any kind, whether express or implicit, including, among others, any implicit guarantee of suitability for a particular purpose, of the quality or availability of the Services.

Jossport s.à.rl gives no guarantee or makes any declaration that (i) the Services and their content will meet your needs, (ii) the Services, will be uninterrupted, timely, secure or error-free, (iii) the results that may be obtained from the use of the Services will be accurate or reliable, and (iv) any content errors will be corrected.

Any content downloaded or otherwise obtained through the use of the Services is at your own risk, and you will be solely responsible for any damage to your computer system or any loss of data that results from the downloading of such content.

13. Compensation

You agree to indemnify Jossport s.à.rl, its subsidiaries, its partners and employees, and to exempt them from liability for all liabilities, losses, damages, claims, penalties, fines, costs and expenses, including, without limitation, reasonable attorneys’ fees, which may arise in connection with: (i) your access to and use of the Services, including, without limitation, any content whatsoever, any order for products via the Site, as well as your connection to the Site; or (ii) your non-compliance with any provision of the TOS.

14. Limitation of liability

You acknowledge and expressly agree that Jossport s.à.rl is not liable for any direct, indirect, incidental, specific, derivative damage, including, among others, damage for loss of profit, loss of customer base, enjoyment, use, of data or other intangible losses (even if Jossport s.à.rl has been warned of the possibility of such damage) resulting from: (i) access to and use of the Services or the impossibility of ” access and use them, (ii) ordering products through the Services, in particular via the Site, (iii) the cost of purchasing replacement goods and services resulting from all goods, data, information or services obtained, or messages received or operations concluded through the Services, in particular the Site or from them, (iv) unauthorized access to your data transmissions or their alteration, (v) statements or behavior of any third party or other member on the Site, (vi) the results of the Services, any sites linked to them and any content whatsoever, published on them, or (vii) any other question relating to the Services.

15. Exclusions and limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations set forth in these Terms and Conditions may not apply to you.

Nothing in the TOS affects your legal rights or excludes or limits any liability, which cannot be excluded or limited under the applicable law.

16. General information

These TOS constitute the entire agreement between you and Jossport s.à.r.l regarding access to and use of the Services; they replace and cancel all previous agreements, arrangements and commitments of any kind between you and Jossport s.à.r.l, whether verbal or written, regarding access to and use of the Services. You may be subject to additional terms of use which may apply when you use the services of related companies, third-party content, or third-party software.

The fact that Jossport s.à.r.l does not exercise or do not enforce any right or any provision of the TOS shall not constitute a waiver of this right or this provision.

If a provision of the TOS is deemed void, the parties nevertheless agree that their intentions, as they appear from the provision, will be implemented as far as possible and that the other provisions of the GTC will remain in force and in full effect . The headings of the articles of the TOS are only intended to facilitate consultation and have no legal or contractual effect.

You may not assign or transfer any of your rights or obligations or subcontract the performance of any of your obligations under these TOS. Jossport s.à.rl may assign or transfer any right or obligation, or subcontract the performance of any of its obligations under these TOS to any third party and at any time, without your consent (this consent being given by these provisions).

17. Place of jurisdiction and applicable law

The TOS and the relations between you and Jossport s.à.rl shall be governed by Swiss substantive law, with the exception of its conflict of laws rules and the United Nations Convention on Contracts for the International Sale of Goods from 11 April 1980.

The parties agree will seek an amicable solution for any claim, claim or dispute in connection with these TOS, which must be submitted to the competent courts of the place of the headquarters of Jossport s.à.rl, subject to recourse to the Federal Court.

18. Contact

You can contact us at the following address joss-wear@hotmail.ch for any suggestion or comment.

JOSSPORT s.à.r.l
Av. du Léman 56
1005 Lausanne
Suisse