THESE TERMS ARE ONLY AVAILABLE IN THE ENGLISH LANGUAGE.
Welcome to the JIM Weaver Designs (“JIM Weaver Designs,” “we” or “us”) website, JIMWeaverDesigns.com (the “Site”). We ask that you abide by the terms and conditions that follow, along with any other terms and conditions that may appear on the Site from time-to-time (collectively, the “Conditions”). Your use of the Site constitutes your agreement with the Conditions that follow and we reserve the right to revise these Conditions at any time. When we make changes, we will post them here. You agree to check this section periodically to be aware of any changes and your continued use of the Site shall be considered your agreement to any modified Conditions. If you do not agree to these Conditions, please do not use the Site.
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 any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure for which we will not be responsible. Please see our notice for further information. JIM Weaver Designs retains the right to refuse any request made by you. If your order is accepted we will send you a confirmation by email. The cost of raw materials and services may fluctuate. All prices advertised are subject to such changes.
When you place an order, you will receive an 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 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.
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.
Prices are inclusive of VAT at the rate applicable at the date of the order. VAT is not included in our prices for customers outside of the Philippines. Orders to countries outside of the Philippines may be subject to local VAT, import duties and/or taxes, which are levied once your package reaches your country. Duties and taxes may vary depending on your location.
Gift vouchers are only valid for a limited time and the voucher must be used by the date shown on the voucher –check your voucher to find out when to use it by. JIM Weaver Designs will not be liable for lost or stolen gift vouchers.
Unless otherwise noted, all materials, including, but not limited to, images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of the Site (collectively, the “Contents”) are copyrights, trademarks, tradename and/or other intellectual properties owned, controlled or licensed by JIM Weaver Designs. The Contents, and the Site as a whole, are intended solely for use of the Site. You may not download or copy the Contents and other downloadable materials displayed on the Site without permissiom. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software. The Site as a whole is protected by copyright and trade dress and all worldwide rights, titles and interests in and to the Site are owned by JIM Weaver Designs.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. If your payment method has already been charged for an order that is later cancelled, JIM Weaver Designs shall issue you a refund.
Most JIM Weaver Designs products displayed on the Site are available in select retail partners around the Philippines. In some cases, merchandise displayed on the Site may not be available for sale in certain stores.
We have made every effort to display as accurately as possible the colours of our products that appear on the Site. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
USER GENERATED CONTENT
By posting, distributing, sending or displaying any comment, message (including email), data, information, text, music, sound, photos, graphics, or other content (the “User Generated Content”) to the Site, you (A) grant, and represent and warrant that you have the right to grant, to JIM Weaver Designs a non-exclusive, royalty-free, perpetual, transferable, irrevocable, fully paid and sublicenseable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, and publicly display and perform, the User Generated Content throughout the world; (B) grant JIM Weaver Designs and its affiliates and sublicensees the right to use the name that you submit in connection with such User Generated Content; and (C) represent and warrant that (i) you own and control all of the rights to the User Generated Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such User Generated Content to or through the Site; (ii) such User Generated Content is accurate and not misleading; and (iii) use and posting or other transmission of such User Generated Content does not violate these Conditions and will not violate any rights of, or cause injury to, any person or entity. You further grant JIM Weaver Designs the right to pursue at law any person or entity that violates your or JIM Weaver Designs’ rights in the User Generated Content by a breach of these Conditions. User Generated Content submitted by users is deemed non-confidential and JIM Weaver Designs is under no obligation to treat such User Generated Content as proprietary information. Without limiting the foregoing, JIM Weaver Designs reserves the right to use the User Generated Content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. JIM Weaver Designs is under no obligation to offer you any payment for User Generated Content or to attribute authorship of User Generated Content to you. If, nonetheless, it is determined that you retain moral rights (including rights of attribution or integrity) in the User Generated Content, you hereby agree that (A) you do not require that any personally identifying information be used in connection with the User Generated Content, or any derivative works of, or upgrades or updates thereto; (B) you do not oppose the publication, use, modification, deletion and exploitation of the User Generated Content by JIM Weaver Designs or its agents; (C) you waive and will not claim or assert any entitlement to any moral rights of an author in any of the User Generated Content; and (D) you release JIM Weaver Designs from any claims that you could otherwise assert against JIM Weaver Designs by virtue of any moral rights.
2.Comments and Submissions
REPEAT INFRINGER POLICY
In accordance with the Digital Millennium Copyright Act and other applicable law, JIM Weaver Designs has adopted a policy of terminating, in appropriate circumstances and at JIM Weaver Designs’ sole discretion, subscribers or account holders who are deemed to be repeat copyright infringers. JIM Weaver Designs may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
You agree to defend, indemnify and hold harmless JIM Weaver Designs, its officers, directors, employees, agents, licensors and suppliers from and against any and all claims, charges, complaints, damages, losses, liabilities, costs and expenses (including attorneys’ fees), arising from or relating in any way to your use of the Site.
CHOICE OF LAW
These Conditions shall be construed in accordance with the laws of the Philippines, without regard to any conflict of law provisions. Any dispute arising under these Conditions shall be resolved exclusively by the Philippine courts.
LINKS TO OTHER WEBSITES
This Site may contain links to outside services and resources. You acknowledge that (A) JIM Weaver Designs is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites; and (B) JIM Weaver Designs is not responsible for any other form of transmission received from any linked site. JIM Weaver Designs is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by JIM Weaver Designs of the site. Any concerns regarding any such link should be directed to the particular third party website.
These Conditions are effective unless and until terminated by JIM Weaver Designs, at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in JIM Weaver Designs’sole discretion you fail to comply with any term or provision of these Conditions. The Conditions relating to Intellectual Property, Indemnification, Disclaimer, Limitation of Liability and Choice of Law shall survive any termination.
This site and the materials and products on this site are provided “as is” and without warranties of any kind. To the fullest extent permitted by law, JIM Weaver Designs disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. JIM Weaver Designs does not represent or warrant that this site will be uninterrupted or error-free, that any defects will be corrected, or that this site or the server that makes the site available are free of viruses or anything else harmful. JIM Weaver Designs does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. JIM Weaver Designs reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
LIMITATION OF LIABILITY
In no event shall JIM Weaver Designs or any of its affiliated entities or suppliers be liable for any indirect, special, punitive, incidental, exemplary or consequential damages that result from (a) the use of, or inability to use, the site; (b) the performance of the services, products and materials available from the site; or (c) the conduct of other users of the site, even if JIM Weaver Designs has been advised of the possibility of such damages. You assume total responsibility for your use of the site. Your only remedy against JIM Weaver Designs for dissatisfaction with the site or any content is to stop using the site.
Unless otherwise specified and except to the extent JIM Weaver Designs products are offered for sale in the select foreign markets through this Site, this Site and the Contents thereof are displayed solely for the purpose of promoting JIM Weaver Designs products and services available in the select foreign markets. This Site is controlled and operated by JIM Weaver Designs from its office in Manila, Philippines. These Conditions including, without limitation, any other Conditions that may appear on the Site from time-to-time contain the full understanding with respect to your use and access of the Site and supersede all prior agreements, terms, conditions and understandings, both written and oral, with respect to such use and access of the Site. If any portion of these Conditions is held to be invalid or unenforceable, the invalid or unenforceable portion shall be modified in accordance with the applicable law as nearly as possible to reflect the original intention of the applicable provision, and the remainder of these Conditions shall remain in full force and effect. A printed version of these Conditions and of any notices given to you in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The failure of JIM Weaver Designs to insist upon or enforce strict performance by you of any provision of these Conditions shall not be construed as a waiver of any provision or right. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Conditions. We may provide notice to you relating to the Site and/or these terms and conditions by sending an e-mail to your last known e-mail address, and any such notice shall be deemed given and received on the day it is sent. You agree that any cause of action that you may desire to bring arising out of or related to these Conditions and/or the Site must commence within one (1) year after the cause of action arises; otherwise, such cause of action shall be permanently barred. You may not use the Site or export the Content in violation of laws and regulations. If you access the Site from a location outside the Philippines, you are responsible for compliance with all local laws.