Introduction
Welcome to Jekero® Portable Dvd Player! These Terms and Conditions outline the rules and regulations for the use of Jekero Shop’s Website and products.
By accessing this website and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions, 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 browsers, 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 must be at least 18 years of age to use this website and purchase any products.
By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
Purchases
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 following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Netherlands. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
You may not use our products or services 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.
Retail Purchases
Orders
By placing an order on our website, you warrant that you are legally capable of entering into binding contracts. Your order is an offer to us to buy a product. All orders are subject to acceptance by us. We may choose not to accept your order for any reason and will not be liable to you or to anyone else in those circumstances.
When placing an order, you must provide accurate and complete information. You are solely responsible for any errors or omissions in the information that you provide to us.
We aim to get products dispatched within 3-5 working days of receiving payment.
Stock
We endeavour to display products with the utmost accuracy. However, actual colours you see will depend on your monitor and we cannot guarantee that your monitor’s display of any colour will accurately reflect the colour of the product on delivery.
We reserve the right to cancel your order if we determine that we are unable to fulfil it for any reason. If this becomes necessary, we will refund any prior payments made for the products.
You acknowledge that it may become necessary for reasons beyond our control to alter the price and/or specifications of any of the goods advertised on the website from time to time.
Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a shipment confirmation.
Payment
All payments must be made in full before we dispatch products. Accepted payment methods are set out in the checkout process.
All amounts are in USD and are inclusive of VAT. You must pay for applicable taxes and shipping costs at the point of purchase.
Refunds & Returns
If you wish to return a product to us for any reason, please contact us to arrange this.
Products returned must be in a saleable condition. We reserve the right to refuse a refund or exchange for any product that has been used or damaged.
You will be responsible for paying postage costs when returning products to us. We cannot refund postage costs when returning a product.
When returning a product to us, please include all original packaging and accessories.
We aim to process refunds within 5-7 working days of receiving the returned product. Refunds are made to the original payment method used at the time of purchase.
You are entitled to a legal right to a 14 calendar day “cooling off” period from receipt of products purchased online. This means you can request a refund at any time within this period.
Cancellations
You can cancel your order at any time before we dispatch products to you. In order to cancel, please contact us.
If you have already paid for your order, you will receive a full refund. We aim to process refunds within 5-7 working days.
Subscriptions
Plans & Billing
We offer monthly and annual subscription plans through the website that provide ongoing access to our service.
All subscriptions will auto-renew. When your subscription is due for renewal, you will be charged the standard price for the same plan unless you choose to upgrade, downgrade or cancel.
Subscription fees are billed monthly or annually according to the selected plan. Your payment method on file will automatically be charged each billing period.
You can manage your subscription and billing details by logging in to your account.
Cancellation
You can cancel auto-renewal for your subscription at any time. Once cancellation is processed, you will not be billed again unless you resubscribe.
For monthly plans, cancellation will take effect at the end of the current billing period. You will retain access until then.
For annual plans, cancellation will take effect immediately and you will lose access. We do not offer refunds for any partial subscription periods.
To cancel your subscription, please contact us. Please provide your name, email address and order details so we can identify your account.
Refunds
Given the nature of digital content, we do not offer refunds for subscription plans unless required by law.
If you believe you have been incorrectly billed and are entitled to a refund under applicable laws, please contact us. We will investigate and process eligible refunds.
Customer Accounts
When using certain features or services, you may be required to register for a customer account. You must ensure your account details are accurate and kept up-to-date at all times.
You are solely responsible for maintaining the confidentiality of your account credentials. You must notify us immediately if you become aware of any unauthorized access or use of your account.
Accounts are not transferrable. You may not sell, gift or allow any other person to use your account.
We reserve the right to suspend, restrict or terminate your account if we have a reasonable suspicion of unauthorized access or use. We are not liable for any loss or damage arising from your failure to comply with this provision.
User Content
We may provide you with the ability to upload, submit, disclose, distribute or otherwise post (hereafter, “posting”) content on or to the website and services (collectively, “User Content”).
User Content includes any materials, communications or other content you post on forums, chat, profile pages, blogs, wikis, social media platforms and other interactive areas of the website and services that allow sharing User Content.
Rights in User Content
You retain all ownership rights in your User Content. However, by posting User Content, you grant us a perpetual, worldwide, non-exclusive, irrevocable, royalty-free, sublicensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform and otherwise fully exploit the User Content in connection with the website, services and our (and our successors’ and assigns’) businesses, including without limitation for redistributing part or all of the User Content (and derivative works thereof) in any media formats and through any media channels.
You also hereby grant each user of the website and services a non-exclusive, perpetual license to access your User Content through the website and services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content.
Responsibility for User Content
You are solely responsible for your User Content. You represent and warrant that you own all rights to the User Content and have the full power and authority to grant the rights and licenses set out in these Terms.
You must ensure your User Content complies with our content policies and standards outlined below. If you have any doubts, it is best to avoid including such content.
We are not responsible for, and do not endorse or guarantee, the opinions, views, advice or recommendations posted by users. You understand that by using the website and services, you may be exposed to User Content that is offensive, indecent, incorrect or otherwise objectionable.
You may notify us of any User Content that infringes our content policies or applicable laws. We may, but are not obligated to, review or remove such User Content. You acknowledge that reporting User Content does not guarantee its removal.
Our Right to Use User Content
We do not claim ownership of your User Content. However, we and our designees may use, store, reproduce, modify, distribute, publish or display any of your User Content for any purpose related to operation of our website, services and business.
We may retain archived copies of User Content even after you delete it or your account is terminated. We do not have any confidentiality obligations in relation to your User Content.
You acknowledge and consent that your User Content may remain viewable by other users after you delete it or your account is terminated. We are not responsible for the actions of third parties with respect to your User Content after deletion or termination.
Content Standards
User Content must comply with the following content standards:
- User Content must not be illegal, abusive, defamatory, invasive of privacy, obscene, indecent, inflammatory or otherwise objectionable.
- User Content must not harass, demean, intimidate, incite violence or violate the legal rights of others, such as rights of privacy and publicity.
- User Content must not include sensitive financial or identity information that exposes you or any other person to substantial risk of identity theft or financial loss.
- User Content must not contain falsehoods or misrepresentations that could damage us or any third party.
- User Content must not infringe any patent, trademark, trade secret, copyright or other intellectual property rights of any other person.
- User Content must not violate any applicable laws or regulations.
- User Content must be appropriate for all ages. We do not allow pornography or other sexually explicit materials.
We reserve the right to remove or refuse to post any User Content for any reason or no reason. User Content does not represent our views and we do not endorse the views expressed via User Content.
Our Content
The content on our website and services, including without limitation text, data, articles, designs, images, photographs, graphics, software, applications, video recordings, sound recordings and other materials, is provided for general informational purposes only.
All content is provided on an “as is” basis without warranties of any kind, either express or implied. We make no representations or warranties regarding the accuracy, completeness, timeliness, quality, suitability or validity of any content.
We make no warranties that any content will meet your requirements or that the operation of the website and services will be uninterrupted or error-free. Any reliance on or use of any content is at your sole risk.
All content is owned or licensed by us and is protected intellectual property. You may not use, modify, reproduce, distribute, create derivative works from, publicly display or in any way exploit any content without our prior written consent.
The posting of any content does not constitute a waiver of any rights in such content. We reserve the right to remove content at any time for any reason.
Links to Third Party Websites & Services
The website and services may contain hyperlinks to websites and services operated by third parties. We do not control these third party websites or services and are not responsible for their availability, content, advertising, products or practices.
Our inclusion of hyperlinks does not imply any endorsement or recommendation of the linked websites or services. We provide hyperlinks and related information solely for your reference and convenience.
You access and use hyperlinked websites and services at your own risk. You should review the terms of use and privacy policies applicable to third party websites and services before using them.
Intellectual Property Rights
“Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
You acknowledge and agree that all Intellectual Property Rights in the website and services, including the look and feel, text, graphics, sounds, videos, applications, software and underlying code and systems, are owned by us or our licensors.
Except for the limited use rights expressly granted to you, we retain all rights, title and interest in and to the website, services and all related Intellectual Property Rights. Any rights not expressly granted in these Terms are reserved.
If you provide us with suggestions, ideas, improvements, modifications, feedback, recommendations or other information relating to the website or services, you irrevocably assign to us all right, title and interest in and to the feedback and Intellectual Property Rights in such feedback, without additional compensation to you.
Service Changes & Discontinuation
We reserve the right to modify, suspend or discontinue all or any portion of the website and services at any time. Service changes and discontinuations may be made without notice.
We are not liable to you or any third party for any modification, suspension or discontinuance of the website or services.
Warranty Disclaimers
YOU USE THE WEBSITE AND SERVICES AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND RELATED TO THE WEBSITE AND SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE WEBSITE OR SERVICES, OR THE CONTENT OF ANY WEBSITES OR SERVICES LINKED TO THE WEBSITE OR SERVICES. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR SERVICES OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR SERVER THAT MAKES THOSE SERVICES AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING VIRUSES.
THE WEBSITE AND SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS INCLUDING THE DEVICE USED TO ACCESS THE WEBSITE AND SERVICES. WE ARE NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES OR OTHER DAMAGES RESULTING FROM SUCH PROBLEMS.
Limitation of Liability
IN NO EVENT SHALL WE BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR:
- ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES;
- LOSS OF USE, DATA, BUSINESS, REVENUES, PROFITS, GOODWILL OR OTHER INTANGIBLE LOSSES;
- DAMAGE TO SYSTEMS OR COSTS OF SUBSTITUTE SERVICES; OR
- ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE AND SERVICES.
THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT SHALL OUR TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE AND SERVICES EXCEED ONE HUNDRED DOLLARS ($100).
Indemnification
You agree to defend, indemnify and hold us harmless from and against any and all claims, damages, obligations, losses, liabilities, costs, debts and expenses (including attorney’s fees) arising from: (i) your access to and use of the website and services; (ii) your User Content; (iii) your violation of any of these Terms; (iv) your violation of any third party rights, including without limitation any Intellectual Property Rights or privacy right; or (v) any claim that your User Content caused damage to a third party. This defense and indemnification obligation shall survive termination, modification or expiration of these Terms and your use of the website and services.
Privacy
Please refer to our Privacy Policy for information about how we collect, use and disclose information from our users. The Privacy Policy is incorporated by reference into these Terms.
Modifications to Terms
We reserve the right to modify these Terms from time-to-time with updated versions posted here.
You should review these Terms periodically for changes. Changes will be effective upon posting of the modified Terms. If you do not agree to the modified Terms, you must stop using the website and services. Your continued access or use of the website or services signifies acceptance of the modified Terms.
Term and Termination
These Terms remain effective until terminated by us or you.
We may terminate these Terms at any time for any reason by providing 30 days advance notice. We may terminate these Terms immediately if: (a) you breach any provision of these Terms; (b) we determine your use of the website and services to be improper or illegal; (c) you provide any false or misleading information in your use of the website and services; or (d) we receive a third party complaint which can reasonably be tied to your use or access of the website and services.
Upon any termination of these Terms, your right to access and use the website and services shall immediately cease. Provisions that survive termination include “Our Content,” “Feedback,” “Intellectual Property Rights,” “Warranty Disclaimers,” “Limitation of Liability,” “Indemnification,” “Modifications to Terms,” and “General Terms.”
General Terms
Governing Law
These Terms and your access to and use of the website and services are governed by the laws of the Netherlands, without regard to conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts located in the Netherlands for resolution of any dispute arising from these Terms or your access to or use of the website and services. The prevailing party in any action or proceeding relating to these Terms or your access to or use of the website and services shall be entitled to recover reasonable attorneys’ fees and costs.
Assignment
You may not assign, sublicense or transfer these Terms or any licenses granted herein, whether by operation of law or otherwise, without our prior written consent. We may assign our rights and licenses under these Terms in our sole discretion without restriction.
Severability
If any provision of these Terms is deemed invalid, unlawful or unenforceable, the remaining provisions of these Terms shall remain in full force and effect.
Relationship of the Parties
The relationship between you and us is that of independent contractors. These Terms do not create any partnership, joint venture, employment, franchise, agency or other relationship between you and us.
Waiver
Our failure to enforce any provision of these Terms shall not constitute a waiver of that or any other provision. Any waiver of these Terms shall only be effective if in writing and signed by us.
Entire Agreement
These Terms constitute the entire agreement between you and us related to your use of the website and services. The Terms supersede any prior agreements or understandings, whether written or oral, related to your use of the website and services. Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision.
Should any discrepancy exist between these Terms and any other policies on the website or services, these Terms shall take precedence.
Contact Us
If you have any questions about these Terms, please contact us at:
Jekero Shop
[email protected]
This concludes the Terms and Conditions agreement between you and Jekero® Portable Dvd Player. By using our website and services, you confirm your understanding and acceptance of these terms.
