General Terms and Conditions – JasminShop

Last modified: 1st April 2021

The offer and sale of products on the web site www.jasminshop.com (the “Website”), operated by JWS International S.à r.l., a Luxembourg law governed private limited liability company with registered address at 44, Avenue John F. Kennedy, L-1855, Luxembourg, Grand Duchy of Luxembourg, registered with the Luxembourg Trade and Companies Register under number 249.566 ( “we”, “us” or the “Company”) are governed by these general terms and conditions (these “Terms and Conditions”). The customer (“you” or the “Customer”) is obligated to read these Terms and Conditions carefully before placing an order. Sending the purchase order implies that you are fully aware of, and expressly accept, these Terms and Conditions of sale and the terms on the Order Form. The Customer is required to print and keep these Terms and Conditions which they have already reviewed and accepted, along with the relevant order form once the online purchase is concluded.

Any reference in these Terms and Conditions to a “Customer” means an individual acting for purposes which are wholly outside that individual’s trade, business, craft or profession.

If we posted or provided a translation of the English language version of these Terms and Conditions, you agree that the translation is provided for convenience purposes only and that the English language version will govern your use of the Website including the entry, sending and acceptance of purchase orders for products (the “Products”) on the Website.

1. PLACING AND ACCEPTING AN ORDER

1. 1.1. You place the order for the selected Product by using the checkout ordering process. This involves selecting the Product, placing it in the shopping cart and transmitting the order by clicking on the "PAY AND PLACE ORDER" button on the checkout page (an “Order”). This process permits you to check and amend any errors before placing an Order by using the "back" button.
2. 1.2. To place an Order, you must be at least 18 years of age (or any age legally required under local law where you are resident to bind yourself legally to these Terms and Conditions). By placing an Order you confirm to us that you meet this requirement.
3. 1.3. The Customer is forbidden to enter false, invented or imaginary names during the online order process or any additional communications. We reserve the right to prosecute any violation or abuse, in the interests and protection of all customers.
4. 1.4. By accepting these Terms and Conditions, you release the Company from any liability derived from the issuing of any incorrect tax documentation due to errors in the data you provided at the time of the entry of an Order.
5. 1.5. Once you have placed your Order, we will promptly acknowledge your Order by sending you an email which containing the Order’s relevant details. Please note, this does not constitute the acceptance of your order to buy the Product but is only our acknowledgement of your order. We do not accept your Order and therefore, make no commitment to provide you with the Product, and no contract for the sale of such Product shall come into effect until we specifically accept your Order and notify you by email that we have dispatched the Product to you ("Order Confirmation").
6. 1.6. We may refuse to fulfill an Order that does not provide a sufficient guarantee of solvency, is incomplete or incorrect or if the Products are not available. In these cases, we will inform you by e-mail that the Order is not concluded, specifying the reasons. In this case, the sum authorized on the Customer’s means of payment will be released.
7. 1.7. If the Products shown on the Website are no longer available or for sale after sending the Order, we will notify you of the unavailability of the Products ordered in a timely manner in no cases more than thirty (30) business days after the date the Order was placed. In such cases, the sum authorized on the Customer’s means of payment will be released.
8. 1.8. The Company reserves the right to refuse orders from a Customer that is considered unsuitable, including by way of example, the case of previous violations of these Terms and Conditions or for any other legitimate reasons, especially if the Customer was involved in any kind of fraudulent activity.
9. 1.9. We are under a legal duty to supply the Product that is in conformity with the contract. Furthermore, nothing in these Terms and Conditions affects the Customers’ legal rights in relation to Products that are not in conformity with the Order, whether because they are faulty, not as described or otherwise.
10. 1.10. You are advised that there may be minor differences between the actual Product and the way that it appears on the Website, e.g., in relation to appearance / color / texture / finish. The labelling or packaging of the Product may differ from the images of these which you see on the Website.

2. OWNERSHIP, HANDLING AND DELIVERY

1. 2.1. Ownership of the Product is transferred to you the moment dispatched to you (provided you have made full payment of the Product price plus delivery charges and any other charges payable under these Terms and Conditions, as applicable). Please note that the Product price shown on the Website includes the delivery fees.
2. 2.2. Risk of damage or loss to the Product passes to you upon delivery to you or to somebody identified by you to carry or take possession of the Product on your behalf.
3. 2.3. Please note that not all of the Products may be delivered everywhere (due to limitations imposed on by the destination country) but the checkout page will not permit you to submit your Order if the Product cannot be delivered to your specified address. Even though you place your Order from a country where the delivery is not possible, you can still request the delivery to and address located in a country where delivery is possible.
4. 2.4. Delivery will be completed upon delivery of the Product to the address specified on your Order.
5. 2.5. Unless otherwise stated, and subject to applicable laws, delivery dates given on the Website’s delivery page and/or the checkout process are estimates only. Your Order will be fulfilled by the delivery date set out in the Order Confirmation or, if no delivery date is specified, within thirty (30) days after the date of the Order Confirmation, unless there are exceptional circumstances. Delivery timeframes may be affected by your delivery address and the delivery method selected. We are unable to specify an exact delivery date and time.
6. 2.6. We have no liability for any losses arising from delay in delivery to the extent that this is due to circumstances beyond our reasonable control and where we could not have taken reasonable steps to deal with the delay. For example, delays resulting from customs clearance procedures or other actions of relevant authorities are generally outside our control, or delays resulting directly from your actions or omissions.
7. 2.7. If you receive notification of an unsuccessful attempted delivery, it is your responsibility to use the details provided to contact the delivery company to arrange re-delivery.

3. PAYMENT METHODS

1. 3.1. You may pay with the payment methods specified on the checkout page. The availability of such payment methods is dependent on your geographical location.
2. 3.2. If you pay by credit card you must be the holder of such credit card, the credit card must be valid at the time of the Order and the name shown on the card must be the same as that indicated on the invoice. If these requirements are not met, it will not be possible to proceed with the Order.
3. 3.3. If you have a PayPal account, the Website provides the option of paying directly using the e-mail account and password you used when you registered with paypal.com.
4. 3.4. At no time during the purchase procedure will the Company have access to your credit card information (such as the number of the credit card or its expiration date), which is sent directly to the entity that manages the electronic payment (i.e., bank or PayPal) over a connection protected by an encryption protocol. This data is not kept by the Company in any computer archive.
5. 3.5. You acknowledge and agree that: (i) we, or one of our third-party payment processors (the "Payment Processor"), will charge you through the payment method you have selected at checkout for such Order and such other amounts payable under these Terms and Conditions that may be due in connection with the Order; (ii) you will provide valid and current information about yourself; (iii) we may use the tools, software or services of Payment Processors to process transactions on our behalf; and (iv) you may be charged bank or credit/debit card issuer with additional fees (such as foreign transaction fee or cross border fee) or surcharges imposed by your bank or credit/debit card issuer, that these are not the Company’s charges or fees and we neither have control over this nor do we have any way to mitigate this as this is purely up to the commercial relationship between you and your bank or credit/debit card issuer; furthermore, we also have no way of knowing in advance whether you will be charged such fees or surcharges as each bank and credit/debit card issuer has its own policy, and our commitment is to acquire the amount as set at checkout in your local currency.
6. 3.6. Please note that exchange rates may be set and updated regularly and you acknowledge that such updates may affect the Product’s pricing at checkout. You will be charged according to the applicable exchange rate at the time you actually make your Order via the Website as displayed on the checkout page.
7. 3.7. Where not specified otherwise, Product prices and shipping and delivery costs shown on the Website and on the Order do not include any customs duties or taxes if shipping to countries outside the EU or to countries in which current law requires importation fees. Therefore, the Customer is responsible for these costs and they must be paid at the time the Products are delivered, in accordance with the relevant local laws.

4. RIGHT OF WITHDRAWAL (EU MEMBER STATES ONLY)

1. 4.1. The Customer, who is a resident of a member state of the European Union, will have fourteen (14) calendar days, beginning on the date of delivery of the ordered Product, to withdraw from an Order placed with the Company without any penalty and without specifying the reason(s).
2. 4.2. To exercise the right of withdrawal, you must inform the Company of your decision to withdraw from your Order by a clear statement made to the Company’s support team by email sent to [email protected]. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired. We highly recommend to use the withdrawal form template written under Section 10.
3. 4.3. Please note that you lose the right to withdraw from Orders for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons if they become unsealed after delivery.
4. 4.4. If you withdraw from your Order, we will reimburse to you all payments received from you, including the delivery costs (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).
5. 4.5. We may make a deduction from the reimbursement for loss in value of any Products supplied, if the loss is the result of handling by you beyond what is necessary to establish the nature, characteristics and functioning of the goods.
6. 4.6. We will refund you within fourteen (14) days from receipt of your notice of withdrawal, but we can delay refunding you if we have not received the Product or evidence that you have returned the Product. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless we have expressly agreed otherwise. In any event, you will not incur any fees as a result of the reimbursement.
7. 4.7. You shall send back the Product as per the instructions provided to you hereunder. You must act without delay and in any event not later than fourteen (14) days from the day on which you communicate your withdrawal from your Order to us. The deadline is met if you send back the Product before the period of 14 days has expired.

8. 4.8. The right of withdrawal is subject to the following conditions:

   1. 4.8.1. the Products must be returned in their entirety and not just parts or components of them, even in the case of kits;
   2. 4.8.2. the Products returned must not have been used, worn, washed or damaged; they must not be dirty nor show obvious signs of wear;
   3. 4.8.3. the Products must be returned in the packaging in which they arrived, complete with all accessories and labels;
   4. 4.8.4. the Products being returned must be delivered to the courier within fourteen (14) working days from the date on which you have communicated your decision to withdraw from your Order;
9. 4.9. Please note that you shall bear the direct cost of returning the Products.

5. LEGAL GUARANTEE OF NONCONFORMING PRODUCTS

1. 5.1. The Products must be checked by the Customer at the time of delivery in order to ensure that they correspond to the items ordered and that they do not present any defect or lack of conformity. Upon the sale of the Products, the legal guarantees apply, as provided for by current legislation. All products sold by the Company are covered by the legal guarantee should there be any lack of conformity within two (2) years from the delivery of the item: this signifies that the Company is liable for any lack of conformity that presents within this time period. Any product defect must be communicated to the Company within two (2) months of its discovery by contacting the support team or the addresses provided in the following article hereunder. In the event that the Customer does not communicate this defect within this time period, the aforementioned rights become null and void.
2. 5.2. In the event of a defect, the Customer has the right to request that the Product be repaired or replaced, at no extra cost to them. In the event that neither of these two options is possible or are excessively costly, the Customer shall have the right to a discount on the price paid or to the termination of the contract of sale and, consequently, a refund for the price paid.
3. 5.3. The Company shall bear all return costs for the defective Products. However, you acknowledge that, in the case of a return of Products, you will be fully responsible for claiming back the relevant import charges, if there were any, from the applicable tax authority, to the extent possible, and the Company shall have no responsibility or liability in connection with such claim.

6. CONTACTS

1. 6.1. The www.jasminshop.com team is available to answer any questions and can be contacted at the following e-mail address, [email protected], phone number: +352 20 88 05 94 or at the following postal address:

   “JasminShop”
   JWS International S.à r.l.
   44, avenue John F. Kennedy
   L-1855 Luxembourg
   Grand Duchy of Luxembourg

2. 6.2. The Customer acknowledges, accepts and gives their consent to the fact that all communications, notifications, certifications, information, statements and, in any case, all documentation about the operations executed, referring to the purchase of the Products, will be sent to the e-mail address of the Customer indicated at the time of registration, with the possibility of downloading the information on durable media using the methods, and within the limits, required by the Website.

7. PRIVACY

You can obtain information on how we process your personal information by accessing our Privacy Policy.

8. GOVERNING LAW AND DISPUTE RESOLUTION, ODR

1. 8.1. These Terms and Conditions are governed by the laws of the Grand Duchy of Luxembourg and will be interpreted according to it, without prejudice to any other mandatory rule prevailing in the country of habitual residence of the Customer. Therefore, the interpretation, execution and cancellation of these Terms and Conditions are subject exclusively to Luxembourgish law (subject to any other mandatory law provision of the Customer's country which may prevail) and any disputes relating to and/or consequential to them shall be resolved exclusively by the Courts of Luxembourg City (as specified below). In particular, if the Customer qualifies as a consumer under relevant European Union law, any disputes will be resolved by the court of his/her domicile or residence based on the applicable law or, at the consumer’s option in the case of a suit filed by the consumer, by the courts of Luxembourg City. If, instead, the customer is acting in the exercise of their business, commercial, craft or professional activities, the parties consensually establish the exclusive jurisdiction of the courts of Luxembourg City.
2. 8.2. Online platform for alternative dispute resolution (ODR): the Company is always willing to seek the amicable resolution of disputes, via the direct contacts specified in clause 6), and Customers are hereby informed that in accordance with article 14 of Regulation (EU) 524/2013 and the ODR measure issued pursuant to Statutory Instrument 500/2015 in force from 15 February 2016, the European Union has set up an online platform for ODR (online dispute resolution) relating to the purchase of goods online, which may be accessed via: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage. Customers may use the ODR platform to access a list of ODR bodies, a link to each such body and to commence an online dispute resolution procedure. For more information on the platform, please visit: https://webgate.ec.europa.eu/odr/main/?event=main.about.show

9. MISCELLANEOUS

1. 9.1. Any failure by either party to these Terms and Conditions to exercise or enforce any right or provision of these Terms and Conditions does not mean this is a “waiver” (i.e., that it cannot be enforced later). If any part of these Terms and Conditions is ineffective or unenforceable for any reason, then it will be replaced with a provision which as far as possible achieves the same thing and the rest of these Terms and Conditions shall continue to apply. We may transfer these Terms and Conditions to a third party, but this will not affect your rights or obligations. A person who is not a party to these Terms and Conditions shall have no rights to enforce any term hereof except insofar as expressly stated otherwise.
2. 9.2. We reserve the right to access, read, preserve, and disclose any information that we obtain in connection with the Order, and your use of the Website, as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (ii) enforce these Terms and Conditions, including to investigate potential violations of them, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to your support requests, or (v) protect the rights, property or safety of the Company, our users or the public.
3. 9.3. The entire content of the Website (illustrations, texts, wordings, trademarks, images and videos) is the intellectual property of the Company or its licensors. Any reproduction of all or part of the content by any process and on any medium whatsoever requires the prior and express permission of the Company.
4. 9.4. The Company does not authorize You to copy, display or distribute any content for which You do not possess the intellectual-property rights. Any use of such content in breach of the rights held in it by the Company or third parties constitutes an infringement offence, incurring severe penalties under the appropriate intellectual property regulations. Under no circumstances will the Company be held liable for Your infringement of rights held by third parties where such infringement is committed by virtue of Your activity on the Website.
5. 9.5. The Company reserves the right to modify these Terms and Conditions at any time by posting the changes on the Website. Such change will take effect following the posting of the revised Terms and Conditions and your use of the Website after we have posted such changes means that you agree to be bound by the Terms and Conditions as modified. However, no such change will affect any Order that you have already placed with us.

10. WITHDRAWAL FORM TEMPLATE

In order to successfully exercise your right of withdrawal, as detailed in Section 4., please provide us with the following form by email or mail filled out with your and your Order’s requested details:

1. o To JWS International S.à r.l.; 44, avenue John F. Kennedy, L-1855 Luxembourg, Grand Duchy of Luxembourg, Subject: “JasminShop – Withdrawal from Order” (via mail or email [email protected])
2. o I hereby give notice that I withdraw from my contract of sale of the following Product(s): [please write here all details of the Product(s) in question]
3. o Ordered on: [dd/mm/yyyy] /Received on: [dd/mm/yyyy]
4. o Consumer’s full name
5. o Consumer’s address
6. o Consumer’s signature (only if this form is sent by mail):
7. o Date of this cancellation notice (only if this form is sent by mail)