www.Jksilvers.com(the “Site”) provides its services
to you subject to the terms and conditions in this agreement (the
"Agreement"). In addition, when you use any www.Jksilvers.com service (e.g.
sharing Product listing, writing Reviews), you will be subject to the policies,
guidelines, terms, and conditions applicable to such services, as incorporated
in this Agreement. www.Jksilvers.com reserves the
right to change this site and these terms and conditions mentioned herein at
any time. www.Jksilvers.com reserves the
right to deny access to the Site to anyone who we believe has violated any of
these Terms of Use. If you are under 18, you may use www.Jksilvers.com only with
supervision/participation/involvement of a parent or guardian. USING THE SITE
(WHICH INCLUDES ACCESSING AND BROWSING) INDICATES YOUR AGREEMENT TO ALL THE
TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY
BEFORE PROCEEDING.
Prohibitions
You must not misuse
this Website. You will not: commit or encourage a criminal offense; transmit or
distribute a virus, trojan, worm, logic bomb or any 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 or accessed through this Website.
Breaching this provision would constitute a criminal offense and www.Jksilvers.com
will report any such breach to the relevant law enforcement authorities and
disclose your identity to them.
We will not be liable
for any loss or damage caused by a distributed denial-of-service attack,
viruses or other technologically harmful material that may infect your computer
equipment, computer programs, data or other proprietary material due to your
use of this Website or to your downloading of any material posted on it, or on
any website linked to it.
Intellectual Property, Software and Content
The intellectual
property rights in all software and content (including photographic images)
made available to you on or through this Website remains the property of www.Jksilvers.com
or its licensors and are protected by copyright laws and treaties around the
world. All such rights are reserved by www.Jksilvers.com and its licensors. You
may store, print and display the content supplied solely for your own personal
use. You are not permitted to publish, manipulate, distribute or otherwise
reproduce, in any format, any of the content or copies of the content supplied
to you or which appears on this Website nor may you use any such content in
connection with any business or commercial enterprise.
Terms of Sale
By placing an order
you are offering to purchase a product on and subject to the following terms
and conditions. All orders are subject to availability and confirmation of the
order price.
Dispatch times may
vary according to availability and subject to any delays resulting from postal
delays or force majeure for which we will not be responsible.
In order to contract
with www.Jksilvers.com you must be
over 18 years of age and possess a valid credit or debit card issued by a bank
acceptable to us. www.Jksilvers.com retains the right to refuse any request
made by you. If your order is accepted we will inform you by email and we will
confirm the identity of the party which you have contracted with. This will
usually be www.Jksilvers.com or may in some
cases be a third party. Where a contract is made with a third party www.Jksilvers.com
is not acting as either agent or principal and the contract is made between
yourself and that third party and will be subject to the terms of sale which
they supply you. When placing an order you undertake that all details you
provide to us are true and accurate, that you are an authorized user of the
credit or debit card used to place your order and that there are sufficient
funds to cover the cost of the goods. The cost of foreign products and services
may fluctuate. All prices advertised are subject to such changes.
(a) Our Contract
When you place an
order, you will receive an acknowledgement e-mail confirming receipt of your
order: this email will only be an acknowledgement and will not constitute
acceptance of your order. A contract between us will not be formed until we
send you confirmation by e-mail that the goods which you ordered have been
dispatched to you. Only those goods listed in the confirmation e-mail sent at
the time of dispatch will be included in the contract formed.
(b) Pricing and Availability
Whilst we try and
ensure that all details, descriptions and prices which appear on this Website
are accurate, errors may occur. If we discover an error in the price of any
goods which you have ordered we will inform you of this as soon as possible and
give you the option of reconfirming your order at the correct price or
cancelling it. If we are unable to contact you we will treat the order as
cancelled. If you cancel and you have already paid for the goods, you will
receive a full refund. Delivery costs will be charged in addition; such
additional charges are clearly displayed where applicable and included in the ‘Total
Cost’.
(c) Payment
Upon receiving your
order we carry out a standard authorization check on your payment card to
ensure there are sufficient funds to fulfil the transaction. Your card will be
debited upon authorisation being received. The monies received upon the
debiting of your card shall be treated as a deposit against the value of the
goods you wish to purchase. Once the goods have been despatched and you have
been sent a confirmation email the monies paid as a deposit shall be used as
consideration for the value of goods you have purchased as listed in the
confirmation email.
Disclaimer of Liability
The material
displayed on this Website is provided without any guarantees, conditions or
warranties as to its accuracy. Unless expressly stated to the contrary to the
fullest extent permitted by law www.Jksilvers.com and its suppliers, content
providers and advertisers hereby expressly exclude all conditions, warranties
and other terms which might otherwise be implied by statute, common law or the
law of equity and shall not be liable for any damages whatsoever, including but
without limitation to any direct, indirect, special, consequential, punitive or
incidental damages, or damages for loss of use, profits, data or other
intangibles, damage to goodwill or reputation, or the cost of procurement of
substitute goods and services, arising out of or related to the use, inability
to use, performance or failures of this Website or the Linked Sites and any
materials posted thereon, irrespective of whether such damages were foreseeable
or arise in contract, tort, equity, restitution, by statute, at common law or
otherwise. This does not affect www.Jksilvers.com’s liability for death or
personal injury arising from its negligence, fraudulent misrepresentation, and
misrepresentation as to a fundamental matter or any other liability which
cannot be excluded or limited under applicable law.
Linking to this Website
You may link to our
home page, provided you do so in a way that is fair and legal and does not
damage our reputation or take advantage of it, but you must not establish a
link in such a way as to suggest any form of association, approval or
endorsement on our part where none exists. You must not establish a link from
any website that is not owned by you. This Website must not be framed on any
other site, nor may you create a link to any part of this Website other than
the home page. We reserve the right to withdraw linking permission without
notice.
Disclaimer as to ownership of trademarks, images of personalities and
third party copyright
Except where
expressly stated to the contrary all persons (including their names and
images), third party trademarks and content, services and/or locations featured
on this Website are in no way associated, linked or affiliated with www.Jksilvers.com
and you should not rely on the existence of such a connection or affiliation.
Any trademarks/names featured on this Website are owned by the respective trade
mark owners. Where a trade mark or brand name is referred to it is used solely
to describe or identify the products and services and is in no way an assertion
that such products or services are endorsed by or connected to www.Jksilvers.com.
Indemnity
You agree to
indemnify, defend and hold harmless www.Jksilvers.com, its directors, officers,
employees, consultants, agents, and affiliates, from any and all third party
claims, liability, damages and/or costs (including, but not limited to, legal
fees) arising from your use this Website or your breach of the Terms of
Service.
Variation
www.Jksilvers.com shall have the right
in its absolute discretion at any time and without notice to amend, remove or
vary the Services and/or any page of this Website.
Invalidity
If any part of the
Terms of Service is unenforceable (including any provision in which we exclude
our liability to you) the enforceability of any other part of the Terms of
Service will not be affected all other clauses remaining in full force and
effect. So far as possible where any clause/sub-clause or part of a
clause/sub-clause can be severed to render the remaining part valid, the clause
shall be interpreted accordingly. Alternatively, you agree that the clause
shall be rectified and interpreted in such a way that closely resembles the
original meaning of the clause /sub-clause as is permitted by law.>
Complaints
We operate a
complaints handling procedure which we will use to try to resolve disputes when
they first arise, please let us know if you have any complaints or comments.
Waiver
If you breach these
conditions and we take no action, we will still be entitled to use our rights
and remedies in any other situation where you breach these conditions.
Entire Agreement
The above Terms of
Service constitute the entire agreement of the parties and supersede any and
all preceding and contemporaneous agreements between you and www.Jksilvers.com. Any waiver of
any provision of the Terms of Service will be effective only if in writing and
signed by a Director of www.Jksilvers.com.