Terms and conditions
Conditions of Use
Welcome to jolly-commerce.net, a website owned and operated by Pagos Digitales, S.A. These Terms of Use govern your use of the jolly-commerce.net website. By visiting or shopping at the jolly-commerce.net website, you agree to be bound by these Terms of Use, as well as the other policies posted on the jolly-commerce.net website.
By showing the products on the jolly-commerce.net website, Pagos Digitales, S.A. is making an offer only to those who are legally capable of accepting, and do accept, such offer in Japan ("the Offer ") to sell and purchase those product(s) on the terms and conditions set out below. If you place an order for products shown on the jolly-commerce.net website, your order will be deemed an acceptance of the Offer pursuant to these Terms of Use.
In these Terms of Use, we refer to Pagos Digitales, S.A. as "jolly-commerce.net" and the jolly-commerce.net website as the "Site".
Use of the Site
License and Site Access
jolly-commerce.net grants you a , non-exclusive, revocable license to access and make non-commercial use of the Site and not to download (other than page caching) or modify the Site, or any portion of the Site, except with express written consent of jolly-commerce.net. jolly-commerce.net also grants you a , non-exclusive, revocable right to create and display a hyperlink to the home page of jolly-commerce.net so long as the link does not portray jolly-commerce.net, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.
Prohibited Uses of the Site
The licenses set forth in these Terms of Use do not include any rights to:
interfere or attempt to interfere with the proper operation of the Site;
bypass any measures used to prevent or restrict access to any portion of the Site;
use any robot, spider, data-miner, scraper or other automated means to access the Site or its systems for any purpose or to copy, probe, test or monitor any portion of the Site, or in any way reproduce or circumvent the navigational structure or presentation of the Site, or to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site;
take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or any of the systems or networks comprising or connected to the Site;
compile, repackage, disseminate or otherwise use data available on or extracted from the Site, including product information and prices;
reproduce, record, retransmit, sell, rent, distribute, publish, post, or perform any of the content of the Site;
modify, download (other than page caching), reproduce, copy, or resell the Site, the content or any portion or derivative thereof;
copy or download any the account information of any user of the Site for the benefit of any other person or entity;
frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of jolly-commerce.net;
use jolly-commerce.net's name, trademarks, service marks or logos in any meta tags or any other "hidden text"; or
use jolly-commerce.net's logo or other proprietary graphic or trademark as part of a link without express written permission.
Each of the foregoing is expressly prohibited unless jolly-commerce.net's prior express written consent has been given. Any unauthorized use of the Site or any portion or derivative thereof shall terminate any license or permission granted by jolly-commerce.net.
Termination of Access
You agree that jolly-commerce.net may, in its sole discretion and without prior notice to you, terminate or suspend your access to all or any part of the Site and your "My Account" without notice, for any reason, including without limitation: (1) attempts to gain unauthorized access to the Site or assistance to others' attempting to do so, (2) attempting to overcome software security features limiting use of or protecting any content available on the Site, (3) discontinuance or material modification of the Site or any service available on or through the Site, (4) violations of these Terms of Use or applicable law, (5) failure to pay for purchases, (6) suspected or actual copyright or trademark infringement, (7) unexpected operational difficulties, or (8) requests by law enforcement or other government agencies. YOU AGREE THAT jolly-commerce.net WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR TERMINATION OF YOUR ACCESS TO THE SITE.
Intellectual Property Rights; User Content
Copyright
All content included on the Site, including text, graphics, logos, user interfaces, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of jolly-commerce.net or its suppliers, licensors or content suppliers and is protected by applicable copyright laws. The design, selection, arrangement, coordination and compilation of all content on the Site are the exclusive property of jolly-commerce.net and protected by applicable copyright laws. All software used on the Site is the property of jolly-commerce.net or its software suppliers and protected by applicable copyright laws.
jolly-commerce.net's product inventory available on the Site includes tens of thousands of products, and product listings are constantly being changed and updated. jolly-commerce.net's customers are located in various parts of the world. As a result, it is impossible for jolly-commerce.net to confirm whether import and sale of any of these products may conflict with local exclusive distribution rights in effect from time to time or otherwise constitute a violation of local law.
jolly-commerce.net MAKES EVERY EFFORT TO ENSURE THAT THE PRODUCTS IT SELLS ARE GENUINE AND LEGITIMATE. IMPORT AND SALE OF CERTAIN OF THE PRODUCTS OFFERED ON THE SITE, HOWEVER, MAY NOT BE PERMISSIBLE IN ALL COUNTRIES, INCLUDING WITHOUT LIMITATION JAPAN, AS A RESULT OF LOCAL CUSTOMS REGULATIONS AND LOCAL COPYRIGHT AND TRADEMARK RIGHTS.
BY PURCHASING A PRODUCT THROUGH THE SITE, YOU AGREE THAT SUCH PURCHASE AND THE IMPORT OF SUCH PRODUCT COMPLIES WITH THE LAWS OF THE COUNTRY TO WHICH YOU HAVE REQUESTED jolly-commerce.net TO SHIP THE PRODUCT, AND AGREE THAT YOU WILL BE CONSIDERED THE SOLE"IMPORTER" OF THE PRODUCT TO YOUR COUNTRY FOR ALL PURPOSES, INCLUDING CUSTOMS REGULATIONS AND COPYRIGHT AND TRADEMARK LAWS. YOU ACKNOWLEDGE AND AGREE THAT jolly-commerce.net'S ROLE IS TO PROCURING PRODUCTS AVAILABLE IN ASIA AND OTHER REGIONS AND MAKING THESE PRODUCTS AVAILABLE THROUGH THE SITE TO YOU FOR PURCHASE IN PANAMA AND FOR YOUR IMPORT TO YOUR COUNTRY. IN NO EVENT WILL jolly-commerce.net BE A PARTY TO THE IMPORT OF SUCH PRODUCTS NOR WILL IT BE RESPONSIBLE FOR ANY LIABILITY ARISING UNDER THE LAWS OF ANY COUNTRY OTHER THAN PANAMA SPECIAL ADMINISTRATIVE REGION FOR THE IMPORT AND SALE OF PRODUCTS AVAILABLE ON THE SITE, INCLUDING WITHOUT LIMITATION CUSTOMS REGULATIONS AND CUSTOMS HOLDS, DETENTIONS AND SEIZURES AND COPYRIGHT AND TRADEMARK LAWS.
By purchasing a product through the Site, customers outside of Panama authorize jolly-commerce.net to make arrangements for clearance of customs on their behalf for the products they have ordered.
Payment for Products Purchased Through the Site
Methods of Payment
jolly-commerce.net plans to offer Credit Card payment on the Site for the convenience of customers. You agree to pay all fees incurred in connection with your purchases at the rates in effect when the charges were incurred.
If you pay by credit card, your card issuer agreement governs your use of your card, and you must refer to that agreement and not these Terms of Use to determine your rights and liabilities as a cardholder. YOU, AND NOT jolly-commerce.net, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify jolly-commerce.net of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you in all respects and for all purposes. If jolly-commerce.net does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by jolly-commerce.net or its agents.
Unless expressly set forth on the Site, we do not accept any other payment form. If we offer or accept any other form of payment, you hereby agree to all restrictions, terms and conditions associated with such additional form of payment.
Taxes
You are responsible for paying any governmental taxes imposed on your purchases, including, but not to, sales, use or value-added taxes. jolly-commerce.net will automatically charge and withhold any applicable tax for orders to be delivered to any jurisdictions that it deems is required.
Currencies
All transactions conducted by or with jolly-commerce.net, including sales of items shown on the Site, issuance of gift certificates and credit for returned merchandise, are made in Japanese Yen.
Payment made by credit card in a currency other than Japanese Yen will be converted to the exchange rate determined by your credit card issuer. Please consult your credit card issuer agreement for information regarding the determination of exchange rates by them. These exchange rates may include a "spread," or amount payable to the credit card issuer, which will result in the actual price paid being higher than the posted price.
The Site allows users the opportunity to choose a "Reference Currency." The Reference Currency function converts the US Dollar prices shown on the Site to a currency selected by the user from those available on the Site. REFERENCE CURRENCY PRICES ARE COMPUTED AT THE APPROXIMATE EXCHANGE RATES AVAILABLE FROM TIME TO TIME FOR RETAIL TRANSACTIONS PURSUANT TO INFORMATION AVAILABLE TO jolly-commerce.net; HOWEVER, jolly-commerce.net IS NOT A BANK OR A CURRENCY DEALER, AND MAKES NO REPRESENTATION OR WARRANTY THAT PRICES SHOWN ON THE SITE IN A REFERENCE CURRENCY REPRESENT ACTUAL PRICES PAYABLE BY CUSTOMERS IN SUCH REFERENCE CURRENCY. REFERENCE CURRENCY PRICES ARE FOR CONVENIENCE OF REFERENCE ONLY, AND REFERENCE CURRENCY EXCHANGE RATES MAY BE UPDATED BY jolly-commerce.net ONLY PERIODICALLY. ACTUAL CONVERSION RATES FOR PURCHASES WILL BE COMPUTED AS PROVIDED ABOVE.
NO REFUNDS WILL BE MADE TO CUSTOMERS RESULTING FROM CHANGES IN CURRENCY RATES.
jolly-commerce.net does not provide cash refunds to customers. However, in the event that any such refund were to be made in the future to a customer who had previously paid in a currency other than Japanese Yen and such refund was made through the customer's credit card, then the credit card issuer would determine the applicable exchange rate at such time as provided above.
In no event will jolly-commerce.net be liable for fees or charges payable in connection with currency exchange or for any losses incurred as a result of fluctuations in currency exchange rates.
Product Descriptions and Prices
Product Descript Order Processing, Shipment, Returns, Warranties
Products shown on the Site may contain descriptions that are provided directly by the publisher, manufacturer or distributor of such products. jolly-commerce.net does not represent or warrant that the descriptions of any products shown on the Site are accurate or complete. IF A USER PURCHASES A PRODUCT FROM jolly-commerce.net THAT IS NOT AS DESCRIBED ON THE SITE, THE USER'S SOLE AND EXCLUSIVE REMEDY SHALL BE TO RETURN SUCH PRODUCT IN UNUSED CONDITION FOR jolly-commerce.net CREDIT IN THE AMOUNT OF THE PURCHASE PRICE.
We have made every effort to display the colors of products on the Site as accurately as possible. However, as the actual colors you see will depend on your monitor we cannot guarantee that your monitor's display of any color will be accurate.
Prices
We cannot confirm the price of a product until you order. It is possible that the price for a product may increase or decrease between the time that the product is placed in a shopping cart and the time the purchase is actually made. Also, despite our best efforts, a small number of the products on the Site may display incorrect prices. If the price for the product on the Site is incorrect and is actually higher than the price provided at the time of purchase, then, at the sole discretion of jolly-commerce.net, jolly-commerce.net may either (a) contact you for instructions before shipping the product or charging you for such product, or (b) cancel the order for such product and notify you of such cancellation.
jolly-commerce.net will have the right to cancel any orders for products that have been listed at an incorrect price, rebate or refund, or contain other incorrect information or typographical errors or are unavailable for any reason. jolly-commerce.net will have this right regardless of whether the order has been confirmed or your credit card has been charged. If your credit card has already been charged for the purchase and your order is cancelled, jolly-commerce.net will immediately issue a credit to your credit card in the amount of the charge.
Price Comparisons and "Save" Amounts
Price comparisons may be made throughout the site to indicate the relative savings amounts of our pricing. Amounts shown as "Save" reflect the difference between the sale price and our normal price, or "list" price, for a given product. However, we make no representation that a substantial number of these products have been sold or made available for sale at the list price.
Order Processing, Shipment, Returns, Warranties
Order Acceptance
We may confirm our receipt of your acceptance by sending a confirmation to the e-mail address that you provide.
Passage of Title
Title to products, and risk of loss of such products, passes to you upon delivery to the common carrier selected by us to deliver your order.
You are obligated to take delivery of any products you order notwithstanding that the quantity delivered may be less than the quantity ordered, provided that any amount charged to you shall be adjusted to reflect such lower quantity. Any such discrepancy in quantity shall not be deemed a material change of the terms of sale nor a breach or repudiation of our agreement to sell products to you.
Returns
jolly-commerce.net accepts returns of most defective products, products damaged in shipping, and (in the case of clothing) products of incorrect sizes, in accordance with the terms and conditions posted from time to time at "Information - Shipping & Returns."
Replacement or repair of returned products will be made in accordance with the Return and Refund Policy. Any refunds provided pursuant to the Return and Refund Policy will be made in the form of credit that may be applied to other purchases on the Site. In no event will cash refunds be made.
User Privacy; Data Security
Please review our Privacy Policy, which also governs your visit to the Site, to understand our practices with respect to usage and handling of user information.
While jolly-commerce.net takes reasonable steps to safeguard and to prevent unauthorized access to your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. IN NO EVENT SHALL jolly-commerce.net OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER jolly-commerce.net WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
Other Issues
Your Account
You are responsible for maintaining the confidentiality of your account and password for the Site, and agree to accept responsibility for all activities that occur under your account or password. You agree to notify jolly-commerce.net immediately of any unauthorized use of your account or password, or any other breach of security. You may not use anyone else's account or password at any time. You may not attempt to gain unauthorized access to the Site. You agree to provide us with accurate, current and complete information about yourself and your billing information as prompted in the registration process. You may update your "My Account" information by clicking on the "My Account" link on the Site.
Age of Users
jolly-commerce.net does not intend the Site to be viewed or used by individuals under the age of 18 ("minors") without the supervision of a parent or guardian 18 years of age or older. jolly-commerce.net relies upon parents or guardians to determine if any content or items available on the Site are appropriate for the viewing, access or purchase by minors. If a user is a minor, such minor may use the Site only under the supervision of parent or guardian.
Communications
You consent to receive communications from us by e-mail. We will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you in this manner satisfy any legal requirement that such communications be in writing.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE SITE IS PROVIDED BY jolly-commerce.net ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. jolly-commerce.net MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THE SITE. jolly-commerce.net DOES NOT WARRANT THAT THE SITE, ITS SERVERS, OR E-MAIL SENT FROM jolly-commerce.net ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. jolly-commerce.net WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING, BUT NOT TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. WITHOUT LIMITATION TO THE FOREGOING, YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, jolly-commerce.net DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE PRODUCTS SOLD BY IT OR AVAILABLE ON THE SITE, INCLUDING, BUT NOT TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Applicable Law and Disputes
Applicable Law
By visiting the Site, you agree that the laws of Panama, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and jolly-commerce.net or its affiliates.
ALL TRANSACTIONS CONCLUDED THROUGH THE SITE, INCLUDING PURCHASES OF PRODUCTS ON THE SITE, SHALL BE DEEMED TO BE CONDUCTED UNDER AND GOVERNED BY THE LAWS OF THE HEAD OFFICE OF THE COMPANY.
Disputes
Any dispute, controversy or claim relating in any way to your visit to the Site or to products you purchase through the Site shall be submitted to confidential binding arbitration in Panama conducted under Panama law, except that, to the extent you have in any manner violated or threatened to violate the intellectual property rights of jolly-commerce.net or any affiliate or licensor of jolly-commerce.net, jolly-commerce.net may seek injunctive or other appropriate relief in any appropriate jurisdiction and court. Arbitration shall be conducted under Panamanian law. There shall be one (1) arbitrator. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The place of arbitration shall be Panama. The arbitration shall be conducted in the English language and any non-English language documents presented at such arbitration shall be accompanied by an English translation thereof. The arbitrator shall state the reason upon which the award is based.
Severability
If any of these terms or conditions shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining portion of the Terms of Use.
Delay in Enforcement
No delay or failure to take action under these Terms of Use shall constitute any waiver by jolly-commerce.net of any provision of these Terms of Use.
Complete Agreement
These Terms of Use, together with any other policies posted on the Site from time to time, constitute the complete agreement between the parties and supersede all prior agreements or representations between them.
Indemnification
You agree to defend, indemnify and hold harmless jolly-commerce.net and its affiliates from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site.
Modification to Terms of Use
jolly-commerce.net reserves the right, at its sole discretion, to change, add or remove portions of these Terms of Use at any time. It is your responsibility to check these Terms of Use each time before using the Site. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. You agree that all subsequent purchases by you will be subject to the terms and conditions of these Terms of Use, which shall apply until we post a modified Terms of Use and then in accordance with such modified Terms of Use.
Welcome to jolly-commerce.net, a website owned and operated by Pagos Digitales, S.A. These Terms of Use govern your use of the jolly-commerce.net website. By visiting or shopping at the jolly-commerce.net website, you agree to be bound by these Terms of Use, as well as the other policies posted on the jolly-commerce.net website.
By showing the products on the jolly-commerce.net website, Pagos Digitales, S.A. is making an offer only to those who are legally capable of accepting, and do accept, such offer in Japan ("the Offer ") to sell and purchase those product(s) on the terms and conditions set out below. If you place an order for products shown on the jolly-commerce.net website, your order will be deemed an acceptance of the Offer pursuant to these Terms of Use.
In these Terms of Use, we refer to Pagos Digitales, S.A. as "jolly-commerce.net" and the jolly-commerce.net website as the "Site".
Use of the Site
License and Site Access
jolly-commerce.net grants you a , non-exclusive, revocable license to access and make non-commercial use of the Site and not to download (other than page caching) or modify the Site, or any portion of the Site, except with express written consent of jolly-commerce.net. jolly-commerce.net also grants you a , non-exclusive, revocable right to create and display a hyperlink to the home page of jolly-commerce.net so long as the link does not portray jolly-commerce.net, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.
Prohibited Uses of the Site
The licenses set forth in these Terms of Use do not include any rights to:
interfere or attempt to interfere with the proper operation of the Site;
bypass any measures used to prevent or restrict access to any portion of the Site;
use any robot, spider, data-miner, scraper or other automated means to access the Site or its systems for any purpose or to copy, probe, test or monitor any portion of the Site, or in any way reproduce or circumvent the navigational structure or presentation of the Site, or to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site;
take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or any of the systems or networks comprising or connected to the Site;
compile, repackage, disseminate or otherwise use data available on or extracted from the Site, including product information and prices;
reproduce, record, retransmit, sell, rent, distribute, publish, post, or perform any of the content of the Site;
modify, download (other than page caching), reproduce, copy, or resell the Site, the content or any portion or derivative thereof;
copy or download any the account information of any user of the Site for the benefit of any other person or entity;
frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of jolly-commerce.net;
use jolly-commerce.net's name, trademarks, service marks or logos in any meta tags or any other "hidden text"; or
use jolly-commerce.net's logo or other proprietary graphic or trademark as part of a link without express written permission.
Each of the foregoing is expressly prohibited unless jolly-commerce.net's prior express written consent has been given. Any unauthorized use of the Site or any portion or derivative thereof shall terminate any license or permission granted by jolly-commerce.net.
Termination of Access
You agree that jolly-commerce.net may, in its sole discretion and without prior notice to you, terminate or suspend your access to all or any part of the Site and your "My Account" without notice, for any reason, including without limitation: (1) attempts to gain unauthorized access to the Site or assistance to others' attempting to do so, (2) attempting to overcome software security features limiting use of or protecting any content available on the Site, (3) discontinuance or material modification of the Site or any service available on or through the Site, (4) violations of these Terms of Use or applicable law, (5) failure to pay for purchases, (6) suspected or actual copyright or trademark infringement, (7) unexpected operational difficulties, or (8) requests by law enforcement or other government agencies. YOU AGREE THAT jolly-commerce.net WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR TERMINATION OF YOUR ACCESS TO THE SITE.
Intellectual Property Rights; User Content
Copyright
All content included on the Site, including text, graphics, logos, user interfaces, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of jolly-commerce.net or its suppliers, licensors or content suppliers and is protected by applicable copyright laws. The design, selection, arrangement, coordination and compilation of all content on the Site are the exclusive property of jolly-commerce.net and protected by applicable copyright laws. All software used on the Site is the property of jolly-commerce.net or its software suppliers and protected by applicable copyright laws.
jolly-commerce.net's product inventory available on the Site includes tens of thousands of products, and product listings are constantly being changed and updated. jolly-commerce.net's customers are located in various parts of the world. As a result, it is impossible for jolly-commerce.net to confirm whether import and sale of any of these products may conflict with local exclusive distribution rights in effect from time to time or otherwise constitute a violation of local law.
jolly-commerce.net MAKES EVERY EFFORT TO ENSURE THAT THE PRODUCTS IT SELLS ARE GENUINE AND LEGITIMATE. IMPORT AND SALE OF CERTAIN OF THE PRODUCTS OFFERED ON THE SITE, HOWEVER, MAY NOT BE PERMISSIBLE IN ALL COUNTRIES, INCLUDING WITHOUT LIMITATION JAPAN, AS A RESULT OF LOCAL CUSTOMS REGULATIONS AND LOCAL COPYRIGHT AND TRADEMARK RIGHTS.
BY PURCHASING A PRODUCT THROUGH THE SITE, YOU AGREE THAT SUCH PURCHASE AND THE IMPORT OF SUCH PRODUCT COMPLIES WITH THE LAWS OF THE COUNTRY TO WHICH YOU HAVE REQUESTED jolly-commerce.net TO SHIP THE PRODUCT, AND AGREE THAT YOU WILL BE CONSIDERED THE SOLE"IMPORTER" OF THE PRODUCT TO YOUR COUNTRY FOR ALL PURPOSES, INCLUDING CUSTOMS REGULATIONS AND COPYRIGHT AND TRADEMARK LAWS. YOU ACKNOWLEDGE AND AGREE THAT jolly-commerce.net'S ROLE IS TO PROCURING PRODUCTS AVAILABLE IN ASIA AND OTHER REGIONS AND MAKING THESE PRODUCTS AVAILABLE THROUGH THE SITE TO YOU FOR PURCHASE IN PANAMA AND FOR YOUR IMPORT TO YOUR COUNTRY. IN NO EVENT WILL jolly-commerce.net BE A PARTY TO THE IMPORT OF SUCH PRODUCTS NOR WILL IT BE RESPONSIBLE FOR ANY LIABILITY ARISING UNDER THE LAWS OF ANY COUNTRY OTHER THAN PANAMA SPECIAL ADMINISTRATIVE REGION FOR THE IMPORT AND SALE OF PRODUCTS AVAILABLE ON THE SITE, INCLUDING WITHOUT LIMITATION CUSTOMS REGULATIONS AND CUSTOMS HOLDS, DETENTIONS AND SEIZURES AND COPYRIGHT AND TRADEMARK LAWS.
By purchasing a product through the Site, customers outside of Panama authorize jolly-commerce.net to make arrangements for clearance of customs on their behalf for the products they have ordered.
Payment for Products Purchased Through the Site
Methods of Payment
jolly-commerce.net plans to offer Credit Card payment on the Site for the convenience of customers. You agree to pay all fees incurred in connection with your purchases at the rates in effect when the charges were incurred.
If you pay by credit card, your card issuer agreement governs your use of your card, and you must refer to that agreement and not these Terms of Use to determine your rights and liabilities as a cardholder. YOU, AND NOT jolly-commerce.net, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify jolly-commerce.net of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you in all respects and for all purposes. If jolly-commerce.net does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by jolly-commerce.net or its agents.
Unless expressly set forth on the Site, we do not accept any other payment form. If we offer or accept any other form of payment, you hereby agree to all restrictions, terms and conditions associated with such additional form of payment.
Taxes
You are responsible for paying any governmental taxes imposed on your purchases, including, but not to, sales, use or value-added taxes. jolly-commerce.net will automatically charge and withhold any applicable tax for orders to be delivered to any jurisdictions that it deems is required.
Currencies
All transactions conducted by or with jolly-commerce.net, including sales of items shown on the Site, issuance of gift certificates and credit for returned merchandise, are made in Japanese Yen.
Payment made by credit card in a currency other than Japanese Yen will be converted to the exchange rate determined by your credit card issuer. Please consult your credit card issuer agreement for information regarding the determination of exchange rates by them. These exchange rates may include a "spread," or amount payable to the credit card issuer, which will result in the actual price paid being higher than the posted price.
The Site allows users the opportunity to choose a "Reference Currency." The Reference Currency function converts the US Dollar prices shown on the Site to a currency selected by the user from those available on the Site. REFERENCE CURRENCY PRICES ARE COMPUTED AT THE APPROXIMATE EXCHANGE RATES AVAILABLE FROM TIME TO TIME FOR RETAIL TRANSACTIONS PURSUANT TO INFORMATION AVAILABLE TO jolly-commerce.net; HOWEVER, jolly-commerce.net IS NOT A BANK OR A CURRENCY DEALER, AND MAKES NO REPRESENTATION OR WARRANTY THAT PRICES SHOWN ON THE SITE IN A REFERENCE CURRENCY REPRESENT ACTUAL PRICES PAYABLE BY CUSTOMERS IN SUCH REFERENCE CURRENCY. REFERENCE CURRENCY PRICES ARE FOR CONVENIENCE OF REFERENCE ONLY, AND REFERENCE CURRENCY EXCHANGE RATES MAY BE UPDATED BY jolly-commerce.net ONLY PERIODICALLY. ACTUAL CONVERSION RATES FOR PURCHASES WILL BE COMPUTED AS PROVIDED ABOVE.
NO REFUNDS WILL BE MADE TO CUSTOMERS RESULTING FROM CHANGES IN CURRENCY RATES.
jolly-commerce.net does not provide cash refunds to customers. However, in the event that any such refund were to be made in the future to a customer who had previously paid in a currency other than Japanese Yen and such refund was made through the customer's credit card, then the credit card issuer would determine the applicable exchange rate at such time as provided above.
In no event will jolly-commerce.net be liable for fees or charges payable in connection with currency exchange or for any losses incurred as a result of fluctuations in currency exchange rates.
Product Descriptions and Prices
Product Descript Order Processing, Shipment, Returns, Warranties
Products shown on the Site may contain descriptions that are provided directly by the publisher, manufacturer or distributor of such products. jolly-commerce.net does not represent or warrant that the descriptions of any products shown on the Site are accurate or complete. IF A USER PURCHASES A PRODUCT FROM jolly-commerce.net THAT IS NOT AS DESCRIBED ON THE SITE, THE USER'S SOLE AND EXCLUSIVE REMEDY SHALL BE TO RETURN SUCH PRODUCT IN UNUSED CONDITION FOR jolly-commerce.net CREDIT IN THE AMOUNT OF THE PURCHASE PRICE.
We have made every effort to display the colors of products on the Site as accurately as possible. However, as the actual colors you see will depend on your monitor we cannot guarantee that your monitor's display of any color will be accurate.
Prices
We cannot confirm the price of a product until you order. It is possible that the price for a product may increase or decrease between the time that the product is placed in a shopping cart and the time the purchase is actually made. Also, despite our best efforts, a small number of the products on the Site may display incorrect prices. If the price for the product on the Site is incorrect and is actually higher than the price provided at the time of purchase, then, at the sole discretion of jolly-commerce.net, jolly-commerce.net may either (a) contact you for instructions before shipping the product or charging you for such product, or (b) cancel the order for such product and notify you of such cancellation.
jolly-commerce.net will have the right to cancel any orders for products that have been listed at an incorrect price, rebate or refund, or contain other incorrect information or typographical errors or are unavailable for any reason. jolly-commerce.net will have this right regardless of whether the order has been confirmed or your credit card has been charged. If your credit card has already been charged for the purchase and your order is cancelled, jolly-commerce.net will immediately issue a credit to your credit card in the amount of the charge.
Price Comparisons and "Save" Amounts
Price comparisons may be made throughout the site to indicate the relative savings amounts of our pricing. Amounts shown as "Save" reflect the difference between the sale price and our normal price, or "list" price, for a given product. However, we make no representation that a substantial number of these products have been sold or made available for sale at the list price.
Order Processing, Shipment, Returns, Warranties
Order Acceptance
We may confirm our receipt of your acceptance by sending a confirmation to the e-mail address that you provide.
Passage of Title
Title to products, and risk of loss of such products, passes to you upon delivery to the common carrier selected by us to deliver your order.
You are obligated to take delivery of any products you order notwithstanding that the quantity delivered may be less than the quantity ordered, provided that any amount charged to you shall be adjusted to reflect such lower quantity. Any such discrepancy in quantity shall not be deemed a material change of the terms of sale nor a breach or repudiation of our agreement to sell products to you.
Returns
jolly-commerce.net accepts returns of most defective products, products damaged in shipping, and (in the case of clothing) products of incorrect sizes, in accordance with the terms and conditions posted from time to time at "Information - Shipping & Returns."
Replacement or repair of returned products will be made in accordance with the Return and Refund Policy. Any refunds provided pursuant to the Return and Refund Policy will be made in the form of credit that may be applied to other purchases on the Site. In no event will cash refunds be made.
User Privacy; Data Security
Please review our Privacy Policy, which also governs your visit to the Site, to understand our practices with respect to usage and handling of user information.
While jolly-commerce.net takes reasonable steps to safeguard and to prevent unauthorized access to your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. IN NO EVENT SHALL jolly-commerce.net OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER jolly-commerce.net WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
Other Issues
Your Account
You are responsible for maintaining the confidentiality of your account and password for the Site, and agree to accept responsibility for all activities that occur under your account or password. You agree to notify jolly-commerce.net immediately of any unauthorized use of your account or password, or any other breach of security. You may not use anyone else's account or password at any time. You may not attempt to gain unauthorized access to the Site. You agree to provide us with accurate, current and complete information about yourself and your billing information as prompted in the registration process. You may update your "My Account" information by clicking on the "My Account" link on the Site.
Age of Users
jolly-commerce.net does not intend the Site to be viewed or used by individuals under the age of 18 ("minors") without the supervision of a parent or guardian 18 years of age or older. jolly-commerce.net relies upon parents or guardians to determine if any content or items available on the Site are appropriate for the viewing, access or purchase by minors. If a user is a minor, such minor may use the Site only under the supervision of parent or guardian.
Communications
You consent to receive communications from us by e-mail. We will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you in this manner satisfy any legal requirement that such communications be in writing.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE SITE IS PROVIDED BY jolly-commerce.net ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. jolly-commerce.net MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THE SITE. jolly-commerce.net DOES NOT WARRANT THAT THE SITE, ITS SERVERS, OR E-MAIL SENT FROM jolly-commerce.net ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. jolly-commerce.net WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING, BUT NOT TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. WITHOUT LIMITATION TO THE FOREGOING, YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, jolly-commerce.net DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE PRODUCTS SOLD BY IT OR AVAILABLE ON THE SITE, INCLUDING, BUT NOT TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Applicable Law and Disputes
Applicable Law
By visiting the Site, you agree that the laws of Panama, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and jolly-commerce.net or its affiliates.
ALL TRANSACTIONS CONCLUDED THROUGH THE SITE, INCLUDING PURCHASES OF PRODUCTS ON THE SITE, SHALL BE DEEMED TO BE CONDUCTED UNDER AND GOVERNED BY THE LAWS OF THE HEAD OFFICE OF THE COMPANY.
Disputes
Any dispute, controversy or claim relating in any way to your visit to the Site or to products you purchase through the Site shall be submitted to confidential binding arbitration in Panama conducted under Panama law, except that, to the extent you have in any manner violated or threatened to violate the intellectual property rights of jolly-commerce.net or any affiliate or licensor of jolly-commerce.net, jolly-commerce.net may seek injunctive or other appropriate relief in any appropriate jurisdiction and court. Arbitration shall be conducted under Panamanian law. There shall be one (1) arbitrator. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The place of arbitration shall be Panama. The arbitration shall be conducted in the English language and any non-English language documents presented at such arbitration shall be accompanied by an English translation thereof. The arbitrator shall state the reason upon which the award is based.
Severability
If any of these terms or conditions shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining portion of the Terms of Use.
Delay in Enforcement
No delay or failure to take action under these Terms of Use shall constitute any waiver by jolly-commerce.net of any provision of these Terms of Use.
Complete Agreement
These Terms of Use, together with any other policies posted on the Site from time to time, constitute the complete agreement between the parties and supersede all prior agreements or representations between them.
Indemnification
You agree to defend, indemnify and hold harmless jolly-commerce.net and its affiliates from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site.
Modification to Terms of Use
jolly-commerce.net reserves the right, at its sole discretion, to change, add or remove portions of these Terms of Use at any time. It is your responsibility to check these Terms of Use each time before using the Site. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. You agree that all subsequent purchases by you will be subject to the terms and conditions of these Terms of Use, which shall apply until we post a modified Terms of Use and then in accordance with such modified Terms of Use.