JOLISHA.STORE TERMS AND CONDITIONS
I. TERMS OF SALE
Last updated: 6 April 2018
These terms of sale (“Terms of Sale”) set out the terms and conditions on which we supply any of the products (“Product” or “Products”) listed on our website www.jolisha.store (“our site”) to you.
Please read these Terms of Sale carefully before ordering any Products from our site. These Terms of Sale tell you who we are, how we will provide Products to you, how you and we may end the contract, what to do if there is a problem and other important information. If you do not agree to these Terms of Sale you must not order any Product through our site.
Section A of these Terms of Sale details any particular sales promotions that we are currently running. Any purchase made in relation to such sales promotions is governed by both Section A and the general terms of sale set out in Section B so you should carefully review both Sections before ordering Products that are part of a sales promotion. If the Products that you wish to order are not part of a sales promotion, you can ignore Section A.
SECTION A – CURRENT SALES PROMOTIONS
£10 off your first order over £50
When you sign up to receive jolisha.store Marketing Newsletter, you will be emailed a voucher code which you can use to redeem £10 off your FIRST order over £50. The offer cannot be used in conjunction with any other voucher codes or offers (e.g cashback) and only valid on orders over £50. jolisha.store reserves the right to make any changes or withdraw the offer at any time.
£100 off when you buy selected Bed & Mattress
This promotion is available for a limited time only, starting on Wednesday 5 May 2021. Offer excludes Single Beds, Kids' beds and Single Mattresses and products already discounted. Maximum discount can be redeemed per order is £100 and CANNOT be used with any other voucher codes. jolisha.store reserves right to update or withdraw the offer at any time
SECTION B – GENERAL TERMS OF SALE
Last updated: 6 April 2018
1. INFORMATION ABOUT US
1.1 www.jolisha.store is a website operated by jolisha.store Design Limited (“we”, “our”, “us”). We are registered in the U.K. . Our registered office is at 5248 Humberstone Road , Leicester , LE5 03G , England .
2. ORDERING PRODUCTS
2.1 You can place orders for Products with us by following the process outlined on our site. You acknowledge that by placing an order with us you will be under an obligation to pay for the Products in that order if we accept your order.
2.2 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.
2.3 All orders are subject to acceptance by us. We will send you a confirmation e-mail after receiving your order and this will constitute acceptance by us. The contract between you and us will only be made when we send you this email. We will charge your chosen payment method after we accept your order. We will send a further email when your order has been dispatched.
2.4 Unfortunately we can’t stop an order once it has been dispatched by us. If you change your mind about your order after this point you can reject delivery or return the Products to us in accordance with the returns policy below at clause 9.
2.5 Before ordering from us, it is your responsibility to check and determine your full ability to receive the Products ordered. This includes ensuring that the Products ordered will pass freely into your room of choice, they fit in that room, can be transported through the door of your flat or room, stairs and doorways, and there are no other issues that could make delivery more complicated or impossible.
2.6 You must keep the contact details we hold for you up-to-date so that we can contact you if necessary about your order or the delivery of the Products.
3. AVAILABILITY
3.1 All orders for Products are subject to the availability of those Products and the materials for making the Products. We will inform you as soon as possible after receiving your order if, for any reason, the Products you have ordered are not available or are subject to any delay.
3.2 If we are unable to supply you with a Product, for example, because the manufacturer is out of stock or because of an error in the price (see clauses 5.4 and 5.5 below) we will inform you of this by email and we will not process your order. If you have already paid for the Product we will refund you the full amount as soon as possible.
4. IMAGES AND SIZING OF PRODUCTS
4.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer will display the colours accurately or reflect the colour of the Products. The Products that are delivered to you may vary slightly from those images.
4.2 Although we have made every effort to be as accurate as possible, the measurements indicated including weights, dimensions and capacities shown on our site are approximate only.
5. PRICES OF PRODUCTS
5.1 The price of any Product will be as quoted on our site, except in cases of obvious error.
5.2 The price of any Product may change from time to time, but changes will not affect any order we have accepted.
5.3 The price of a Product includes VAT (where it applies) but excludes any delivery costs, which where applicable will be added to the price of the Products and set out as part of the total amount due during the order process. To see the relevant delivery charges for a product, please refer to our Delivery page.
5.4 Due to the large number of Products on our site, it is always possible that some of the Products listed on our site may be incorrectly priced, despite our reasonable efforts. We will normally verify prices as part of our order-handling procedure so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If the Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of the rejection.
5.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an order acceptance, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing.
6. HOW TO PAY
6.1 We accept payment with the payment methods listed on our site. You must pay for the Products and any applicable delivery charges in advance of delivery of the Products.
6.2 By submitting an order to us through our site, you are confirming that the payment details provided on your order are valid and correct.
6.3 We are not responsible for any processing or administrative charges that may be levied by your bank or card issuer as a result of payments made to us. It is your responsibility to contact your bank or card issuer to check any conditions of payment.
7. DELIVERY
7.1 We offer a delivery service in accordance with the timescales shown against each Product on our site. Please note that delivery timescales are estimates. You can find out more about our Product delivery by reading the information on the Delivery page of our site.
7.2 Please note that we only deliver to addresses in the United Kingdom, excluding Northern Ireland.
7.3 Your estimated dispatch date will be as set out in a dispatch confirmation sent by email. This dispatch date indicates when we expect to send the Products to our delivery partner. Please refer to the Delivery page of our site to find out more about our dispatch and delivery process and how long after dispatch you should expect the Products to be delivered. Although we will make every reasonable effort to ensure your Products are dispatched and delivered within the estimated timescales, unfortunately we cannot guarantee that they will not be affected by unforeseen issues affecting the manufacturer of the Product or our delivery partners. If we are unable to meet the estimated dispatch or delivery date, we will contact you with a revised estimated date.
7.4 Your delivery will be completed when we deliver the Products to the address you gave us. If no one is available at your address to take delivery, we will leave you a note with information about how to rearrange delivery. If you have not accepted delivery after three attempts by us, we may treat the contract as having been cancelled by you in accordance with the terms of clause 9 below.
7.5 You can review the current status of your order at any time by logging into the My Orders section of your account on our site. If you have trouble finding out the status of your order or tracking its progress, please contact Customer Services using the contact information below at clause 23.
8. RISK AND OWNERSHIP
8.1 Ownership of the Products will pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
8.2 The Products will be your responsibility from the time that you (or a third party other than the carrier and indicated by you) take physical possession of the Products.
9. CANCELLATION, RETURNS AND REFUND POLICY
9.1 We hope you will be pleased with everything you have bought from us but if you are unhappy with your Products, you can return them to us either in accordance with the terms set out below or as otherwise in accordance with your legal rights.
Right to cancel
9.2 You have a legal right to change your mind and cancel the contract between you and us within 30 days of delivery of your Products without giving a reason. In the case of “One by Jolisha” mattresses only, we are extending this period to 101 days from delivery. This right, under the Consumer Contracts (Information, Cancellation and Charges) Regulations 2013, is explained in more detail in this clause 9. Please note that the right to change your mind applies equally to any gift vouchers you purchase from us but does not apply to any bespoke Products you purchase from us (ie, Products that we create to your specification or are clearly personalised).
9.3 The cancellation period will expire 30 days (or, in the case of Products delivered between 1 December 2019 and 15 January 2020, 28 days, and in the case of “One by Jolisha” mattresses only, 101 days) from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the Products. Where you order multiple Products in one order or a Product is delivered in separate parts, lots or pieces, the cancellation period will expire 30 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last Product, part, lot or piece that makes up your order.
9.4 To exercise the right to cancel, you must inform us of your decision to cancel your contract with us by making a clear statement (e.g. a letter sent by post or email). The easiest way to do this is to contact our Customer Services team, their contact details can be found in clause 23. You may use the following model cancellation form but you are not required to do so:
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Model Cancelation Form
To: jolisha.store Design Limited, 5 Singer Street, London, EC2A 4BQ E-mail address: Contact@jolisha.store I/We(*) hereby give notice that I/We(*) cancel from my/our (*) contract of sale of the following goods(*)/for the provision of the following service(*) Ordered on(*) / received on(*) Name of consumer(s), Address of consumer(s), Signature of consumer (only if this form is notified on paper) Date (*) Please delete if not applicable |
9.5 To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of your right to cancel before the cancellation period has expired.
Effects of cancellation
9.6 If you cancel your contract with us, we will reimburse you all payments received from you, including the cost of delivery (except that we reserve the right not to reimburse you for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us and for any deductions permitted under clause 9.10).
9.7 We will make the reimbursement without undue delay, and not later than: (a) 30 days after the day we receive back from you any Products supplied, or (b) (if earlier) 30 days after the day you provide evidence that you have returned the Products, or (c) if there were no goods supplied, 30 days after the day on which we are informed about your decision to cancel this contract.
9.8 We will make the reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
9.9 We may withhold reimbursement until we have received the Products back or you have supplied evidence of having sent back the Products, whichever is the earliest.
9.10 We may make a deduction from the reimbursement for loss in value of any Products supplied, if the loss is the result of unnecessary handling by you. You are only liable for any diminished value of the Products resulting from the unfair and/or unreasonable wear and tear of the Product other than what is necessary to establish the nature, characteristics and functioning of the Products. We may make a deduction from any reimbursement (you are entitled to from us) for such loss in value of any Products we supply.
Faulty or mis-described
9.11 If you are returning the Products to us because they are faulty or mis-described, we will refund: the price of the Product in full; any applicable delivery charges; and any reasonable costs you incur in returning the item to us (other than any costs incurred by you in returning the Products to us in person). As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 9 or any of the other general Terms of Sale set out in this Section B.
9.12 We will refund you through the payment method used by you to pay.
How to return the Products
9.13 If you change your mind and exercise your right to cancel under clause 9.2 above after delivery, then the Products must be returned to us. In this case, this may be done by either:
(a) For most small items and certain, you will need to arrange for the Products to be returned to us at our distribution centre or to our delivery partner at various locations. In this case, the Products must be returned to us without undue delay and in any event no later than 30 days for the date that you exercised your right to cancel. You will be responsible for the cost of returning the Products to us
(b) For certain mid-sized items and for most furniture items, we can arrange to collect the Products from your address. You will be responsible for the cost of collection (this does not apply to the “One by Jolisha” mattresses which we will collect from your address at no cost to you.
For more information about the specific return and collection costs that apply to different items and other information regarding returns and refunds, please refer to our Return & Refunds page
9.14 If you exercise your right to return the Products under clause 9.11, because the Products are faulty, were not delivered as described or you otherwise have a legal right to return the Products as a result of something we have done wrong after dispatch of the Products, the Products must be returned to us. Depending on the item, this may be done either by you arranging for the Products to be returned to us or by us arranging to collect the Products from your address, as described in clause 9.13. However, in this case, the return or collection will beat no cost to you.
9.15 Please contact Customer Services using the contact information below at clause 23 to arrange a return or collection of the Products.
9.16 You must take care when opening packaging that the Products were delivered in and carefully re-pack the Products in the original (or similar) packaging prior to returning the Products to us.
10. ONE BY JOLISHA MATTRESSES – 10-YEAR LIMITED GUARANTEE
Our One by Jolisha mattresses (and mattress covers) are covered by the following 10-year limited guarantee (the “Guarantee”).
10.1 Persons covered: The Guarantee extends to the first purchaser of any One by Jolisha mattress as indicated on the official receipt, and is valid for the shorter of the period of time such purchaser owns it and 10 years from the date of initial purchase. The Guarantee is not transferable to any other subsequent purchaser, transferee or user of the mattress. Please retain a copy of your receipt as proof of purchase.
10.2 Products covered: The Guarantee extends to One by Jolisha mattresses (and mattress covers) purchased directly from us through our site, provided that the items are purchased, delivered and used within the United Kingdom or Ireland. It does not extend to other Products offered for sale by us through our site.
10.3 Scope of Guarantee:
(a) This Guarantee covers the following defects (“Defects”) in material and workmanship:
10.3.a.1 any manufacturing flaw in the mattress that causes the foam to split or crack, despite normal usage and proper handling;
10.3.a.2 any manufacturing flaw in the mattress cover that causes the cover to split or tear, or the zipper to malfunction, despite normal usage and proper handling.
(b) This Guarantee does not cover the following:
10.3.b.1 conditions arising as a result of fair wear and tear, negligence, wilful damage or misuse by you;
10.3.b.2 any comfort preference or normal increase in the softness of the foam and materials.
(c) In addition, the Guarantee is automatically invalidated in the following circumstances:
10.3.c.1 if the mattress has been used in a manner incompatible with its intended design, or in breach of our written or oral instructions regarding its storage, assembly or use (including the instructions contained in our FAQs), for example if you use the mattress on an unsuitable base. One by Jolisha mattresses are designed to work on a firm bed base that is structurally capable of supporting the weight of the mattress and its user(s);
10.3.c.2 if the mattress has been repaired or altered by someone other than Jolisha.store or its authorised agents or with Made’s prior written consent;
10.3.c.3 if the mattress has been soiled or rendered unhygienic, including as a result of tears, burns, cuts, stains or liquid damage by you;
10.3.c.4 if you fail to comply with any of the procedures set forth below in clause 10.4 (Guarantee Claim Process).
(d) In the event of a dispute regarding the applicability of the Guarantee, we may require that the mattress be inspected by a recognised and qualified third party, such as the Furniture Industry Research Association (“FIRA”) or similar party. You agree to provide reasonable assistance to us and such third party to facilitate and enable such an inspection.
10.4 Guarantee Claim Process: To make a claim under the Guarantee, you must follow the following procedure:
(a) Notify us in writing of the Defect within 14 days of the date you discover or ought reasonably to have discovered the defect;
(b) Provide us with a copy of the receipt as proof of the original date of purchase;
(c) Return the mattress to us (or the mattress cover, where the Defect relates to the cover itself) following our acceptance of your claim and confirmation of the return logistics. We will revert to you on these points within 14 days of receiving your notification and proof of purchase. Should transportation costs be incurred in connection with the return from an address within the United Kingdom or Ireland, you will not be liable for these costs. You will, however, be liable for the costs of our delivering to you your replacement mattress. In addition, you will be liable for the costs of returning mattresses from addresses outside the United Kingdom and Ireland (if we accept such a return notwithstanding clause 10.2).
10.5 Remedy & Liability
(a) In the event of a Defect that is covered by the terms of the Guarantee as set forth above, we will provide you with a repaired or replacement mattress within 90 days of receiving your original mattress. Where the Defect relates to the mattress cover itself, we reserve the right to only repair or replace the mattress cover.
(b) Nothing in this clause 10 will reduce your statutory rights relating to faulty or misdescribed goods. For further information about your statutory rights contact your local authority Trading Standards Department or Citizens' Advice Bureau. We do not in any way exclude or limit our liability for loss or damage resulting from the negligence of the manufacturer or distributor of the mattresses.
11. SOFA, ARMCHAIR AND SOFA BED FRAME GUARANTEES
11.1 For sofas, armchairs and sofa bed frames that come with a 10-year guarantee (valid from the date of delivery), you're covered against the following faults to the frame:
- Loose joints
- Timber breakage
- Spring rails breakage
11.2 How do I claim on my guarantee?
If you need to make a claim you can drop us an email, open a live chat or speak to us on the phone. Our hours are Monday to Friday 08:00-21:00, and Saturday to Sunday 10:00-18:00.
Making a claim:
- You'll need proof of purchase including your order confirmation
- Your guarantee includes a repair service should your frame fail during the guarantee period
- If fabric needs to be replaced due to a frame repair, it may not be exactly the same fabric as the original, but we'll try our hardest to find the closest one available
- If your product can't be repaired then we'll replace it with the same model. However, if your product is no longer available, we'll swap it with one of an equivalent specification or purchase value Your guarantee won't cover you if:
- The timber has been subject to adverse moisture
- There's evidence of product abuse, misuse or use in a non-domestic environment
- The product hasn't been properly maintained in accordance with our care instructions
- The product is in an unsanitary condition (caused by pets, for example). We also reserve the right to refuse to collect and/or dispose of any unsanitary product
- The product has been exported outside of Great Britain and Northern Ireland
12. SALES PROMOTIONS
12.1 From time to time, we may run sales promotions or offer other incentives (“Promotions”) to purchase particular Products from us.
12.2 The length of time any Promotion runs for, the conditions for qualifying for such Promotion and the Products which will be subject to such Promotion will be set out in Section A of these Terms of Sale.
12.3 If you place an order for Products in relation to any Promotion, the Promotion-specific terms and conditions set out in Section A above and the general terms set out in this Section B will apply. To the extent of any inconsistency, the Promotion-specific terms set out in Section A shall prevail.
13. COMPETITIONS
13.1 From time to time, we may run prize draws, competitions or other prize promotions ("Competitions") on our site.
13.2 The length of time the Competition runs for, the conditions for entry to the Competition and the prizes for winning or taking part in the Competition will be subject to our discretion and will be available for time to time on our Competitions page.
13.3 We will make the rules of any Competition we run available to you before you participate in the Competition.
14. VOUCHERS, GIFT VOUCHERS AND DISCOUNT CODES
14.1 Gift vouchers are not currently available for purchase, but vouchers may be offered or provided by jolisha.store as prizes, through promotions, or in other circumstances.
14.2 The voucher may be: (i) emailed to the recipient; or (ii) printed
14.3 Unless otherwise stated, vouchers are valid for one year from the date of issue and cannot be extended.
14.4 The value of any voucher you use will be deducted from the total cost of your order. If any balance remains to be spent from the voucher, it can be used on a future order. There is no minimum spend required and the voucher can be redeemed against any purchase including delivery charges. Any costs incurred on the order (including delivery, return, and collection costs) will be calculated based on the full costs of the order, before the voucher or discount code is applied.
14.5 Vouchers may be provided in any denomination.
14.6 Vouchers and/or discount codes must not be posted on consumer forums and jolisha.store may invalidate vouchers or discount codes posted in such a way.
14.7 Only one discount code can be applied to any one order, this includes any promotional codes or offers (but you may also use any voucher that you have purchased or been given).
14.8 When you use a voucher and/or discount code you warrant to us that you are the duly authorised recipient of the voucher or discount code (as applicable) and that you are using it in accordance with these Terms of Sale, lawfully and in good faith. If we believe that a voucher and/or discount code is being used in breach of these Terms of Sale, unlawfully or in bad faith, we may reject or cancel the voucher or discount code (as applicable).
14.9 If you have any difficulty redeeming your voucher or discount code or have any questions then please contact us for further assistance.
14.10 Any order for Products made using a voucher or discount code will be governed by these Terms of Sale.
15. YOUR INFORMATION
15.1 We process information about you in accordance with our Privacy Policy.
16. OUR LIABILITY TO YOU
16.1 We are under a legal duty to supply Products that are in conformity with our contract with you.
16.2 Our Products are designed for residential use and we do not make any guarantees or warranties about their performance in a commercial environment. We will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
16.3 If we fail to comply with a contract between you and us, we will be responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms of Sale or our negligence, but we will not be responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if the loss or damage was an obvious consequence of our breach or if the loss or damage was contemplated by you and us at the time we entered into the contract.
16.4 The maximum loss or damage we will be responsible for under clause 14.3 is limited to the price you have paid us for the Product to which the loss or damage you suffer relates.
16.5 We do not in any way exclude or limit our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) any liability imposed under the Consumer Rights Act 2015 that is not permitted to be excluded or restricted under section 31 of the Consumer Rights Act 2015; and (d) defective products under the Consumer Protection Act 1987.
16.6 This does not affect your statutory rights. Advice about your statutory rights is available from your local Citizens' Advice Bureau or Trading Standards office.
17. EVENTS OUTSIDE OUR CONTROL
17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control including acts of god, fire, flood, severe weather, explosions, war (whether declared or not), acts of terrorism or acts of local or central Government or of any other competent authorities provided that: (a) we will take reasonable steps to prevent or minimise the failure or delay; (b) in the event of failure to perform, we will refund you all amounts paid under the affected contract; and (c) in the event of substantial delay, you may cancel your order by notifying us and we will refund you all amounts paid under the affected contract.
18. RESOLVING DISPUTES
18.1 If you have a dispute with us relating to our contract with you, in the first instance please contact us at Contact@jolisha.store and attempt to resolve the dispute with us informally. You can also write to us at: Complaints Department, 5 Singer Street, London, EC2A 4BQ.
18.2 In the unlikely event that we are not able to resolve the dispute informally, please note that the EU operates an online dispute resolution platform for EU consumers to submit disputes arising from online purchases, which can be accessed . You will also always have the option of resolving the dispute using court action.
19. EACH OF THESE TERMS OPERATES INDEPENDENTLY
19.1 Each of the provisions of these Terms of Sale operates separately. If any court or any other relevant authority decides that any of these paragraphs are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
20. UPDATING THESE TERMS OF SALE
20.1 We may modify or update these Terms of Sale from time to time for reasons including: (a) changes in how our business operates; (b) changes in the legal or regulatory requirements that we must comply with; or (c) changes in how we accept payment from you. However, any order of Products by you will be governed by the terms and conditions available on our site at the time you place the order.
21. RIGHTS OF THIRD PARTIES
21.1 Any Contract made between you and us is only made between you and us. No third party will have any rights to enforce any of its terms.
22. TRANSFER OF OUR RIGHTS
22.1 We may transfer our rights and obligations under our contract with you to another organisation, and we will do our best to notify you in writing if this happens, but this will not affect your rights or our obligations under the contract. We will use reasonable endeavours to tell you in writing in this happens.
23. LAW AND JURISDICTION
23.1 These Terms of Sale are governed by English law. This means that a contract for the purchase of Products made through our site and any dispute or claim arising out of or in connection with it will be governed by English law.
23.2 You can bring legal proceedings in respect of this contract in the English courts. However, if you are a resident of Scotland, you may also bring proceedings in Scotland and if you are a resident in Northern Ireland, you may also bring proceedings in Northern Ireland.
24. CONTACTING YOU
24.1 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
25. CONTACT US
25.1 If you have any queries about these Terms of Sale, please send contact our Customer Services team. We’ll be here to help.
II. TERMS OF USE
Last updated: 10 February 2020
These terms of use (“Terms of Use”) tell you about the terms and conditions on which you may use our website www.jolisha.store (“our site”).
Please read these Terms of Use carefully before you start to use our site. By using our site, you indicate that you accept these Terms of Use and that you agree to abide by them.
1. INFORMATION ABOUT US
1.1 www.jolisha.store is a website operated by jolisha.store Design Limited (we, our, us). We are registered in England under company number 07101408. Our registered office is at 5 Singer Street, London, EC2A 4BQ, United Kingdom. Our VAT number is GB998057263.
2. PURCHASE OF PRODUCTS FROM jolisha.store
2.1 The purchase of any products through our site is governed by our Terms of Sale.
3. YOUR PERSONAL INFORMATION
3.1 When contacting us through the site, you may provide certain personal information. We process information about you in accordance with our Privacy Policy.
4. YOUR ACCOUNT AND PASSWORD
4.1 If you set up an account on our site, you must treat your login details as confidential. You must not disclose them to any third party.
4.2 We have the right to disable any account at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use.
4.3 If you know or suspect that anyone other than you knows your login details, you must promptly notify us at Contact@jolisha.store
5. RULES OF ACCEPTABLE USE
5.1 In addition to the other requirements within these Terms of Use, this section describes specific rules that apply to your use of Shop Instagram and any other interactive feature of our site (the “Rules of Acceptable Use”).
5.2 When using our site you must not: (a) circumvent, disable or otherwise interfere with any security related features of the site or features that prevent or restrict use or copying of the content accessible via the site; (b) give any false information in your account details; (c) take another person’s identity without that person’s permission or misrepresent you are acting on behalf of a person, entity or organisation; (d) use the site if we have suspended or banned you from using it; (e) send junk, spam or repetitive messages; (f) engage in any illegal or unlawful conduct; (g) modify, interfere, intercept, disrupt or hack the site; (h) misuse the site by knowingly introducing viruses, Trojans, worms, logic bombs or other similar material or by undertaking any other action which would harm the site, any site user’s equipment or have a detrimental impact on any site user’s experience of using the site; (i) collect any data from the site other than in accordance with these Terms of Use; (j) submit or contribute any content that is abusive, threatening, obscene, untrue, shocking or offensive; (k) abuse, harm or bully another site user, member of our staff or person; (l) submit or contribute any User Content without the permission of the content owner or otherwise infringe the copyright, trademark or other rights of third parties; or (m) submit or contribute any information or commentary about another person which is untrue, private, confidential or defamatory (including personally accusing another person of unproven criminality or serious wrongdoing which could damage their reputation in the eyes of anyone reading your comment).
5.3 With regard to your use of the Shop Your Photos feature, in addition to the restrictions under clause 5.2, you must not: (a) upload or otherwise transmit any images containing content that is unlawful under English law, objectionable or otherwise harmful or contrary to public interest, public order or national harmony in all relevant jurisdictions; (b) harm minors in any way; (c) upload or otherwise transmit any image you do not have a right to make available under English law or under contractual or fiduciary relationships; (d) upload or otherwise transmit any image without the permission of the content owner or otherwise infringe any patent, trade mark, trade secret, copyright or other proprietary rights of third parties; (e) upload or otherwise transmit any image that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (f) engage in unlawful activity or intentionally or unintentionally violate any law, statute, ordinance, regulation, rule or code, including any regulations, rules, notices, instructions or directives of any regulatory body or authority, governmental agency or national or other securities exchange of any jurisdiction; or (g) contribute any illegal, unethical or abusive content in any image, or use Shop Your Photos for any abusive or illegal activity.
5.4 Failure to comply with the Rules of Acceptable Use constitutes a serious breach of these Terms of Use and may result in our taking all or any of the following actions (with or without notice): (a) immediate, temporary or permanent withdrawal of your right to use the site; (b) immediate, temporary or permanent removal of any User Content; (c) issuing of a warning to you; (d) legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; and/or (e) disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
5.5 The responses described above are not limited and we may take any other action we reasonably deem appropriate.
6. NOTICE AND TAKE DOWN POLICY
6.1 If you believe that content available through the site:
(a) infringes your rights or any rights of a third party you represent; or
(b) otherwise breaches the Rules of Acceptable Use,
please tell us immediately by using the reporting tool that appears next to each comment within the site.
6.2 When reporting content please provide the information described below in your notice to us: (a) your name and contact details; and (b) a statement explaining whether you believe that the content you are contacting us about: (i) infringes your rights; (ii) the rights of a third party who you represent; or (iii) you otherwise believe the content breaches the Rules of Acceptable Use.
6.3 We will take the action that we believe is appropriate depending on the nature of the content you report. This may include taking no action where we believe the reported content does not infringe any rights or the Rules of Acceptable Use. We are not obliged to discuss or inform you about our chosen course of action following a report from you.
7. LIMITED LICENCE
7.1 We are the owner or the licensee of all intellectual property rights in our site and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. We grant you permission to access our site for your personal use only. Any other use of our site or our site's content is prohibited. This prohibition includes, but is not limited to:
(a) making commercial use of our site's content;
(b) reproduction of the Made and One by Made name, logo, trade marks or any other content available on our site; and
(c) downloading or copying any of our site content for yourself or for a third-party.
7.2 If you wish to make any use of material on our site other than that set out above, please contact: Contact@jolisha.store.
8. DISCLAIMER AND LIABILITY
8.1 Access to our site is permitted on a temporary basis and we may limit or terminate access to our site at any time without any notice. We will not be liable if our site is unavailable at any time or for any period.
8.2 We have taken care in the preparation of the content of our site. However, we will not be responsible for any errors or omissions or for any technical problems you may experience with our site. If we are informed of any inaccuracies in the content on our site we will attempt to correct this as soon as we reasonably can.
8.3 Whilst we make reasonable efforts to ensure that any information presented on our site is correct, the information on our site is presented without any guarantees, conditions or warranties or any kind and the site is made available to you on an “AS IS” basis. We are not responsible for anything that occurs from your reliance on the content of our site.
8.4 In any event, we will never take any responsibility for User Content and you use and rely on any User Content entirely at your own risk.
8.5 We exclude all warranties and conditions implied by statute, common law or the law of equity, to the extent permitted by applicable law.
8.6 Because our site is provided free of charge, we will not, in any way, be liable for any loss or damage (whether direct or indirect) in tort (including negligence), breach of contract, breach of statutory or otherwise (even if foreseeable) in connection with any use you make of our site or the information presented on it.
8.7 If you are browsing our site as a consumer, then nothing in these Terms of Use or any additional terms limits any consumer’s legal rights which cannot be changed by these Terms of Use.
8.8 Nothing in these Terms of Use shall exclude or limit our liability for death or personal injury due to our negligence or for any liability for our fraud or fraudulent misrepresentation.
9. LINKS AND LINKING
9.1 Links to third party websites from our site are provided solely for your convenience. If you use these links you leave our site. We do not control, and are not responsible for, these websites, their content or their availability. We, in no way endorse, or make representations about them, or any material found on them. Accessing third party websites from our site is done entirely at your own risk.
9.2 You may link to our home page (www.jolisha.store), provided you do so in a way that is fair, legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You agree to remove any link to our site on a website owned or controlled by you on receipt of a request from us.
10. VARIATIONS
10.1 We may revise these Terms of Use at any time by amending this page. You should check this page from time to time to take notice of any changes we make.
11. SEVERABILITY
11.1 If any of these Terms of Use is held to be invalid, the remaining terms and conditions shall continue to be valid to the fullest extent permitted by law.
12. JURISDICTION AND APPLICABLE LAW
12.1 The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these Terms of Use in your country of residence or any other relevant country. These Terms of Use are governed by English law.
13. FEEDBACK
13.1 If you would like to provide feedback on our site, please contact us at Contact@jolisha.store.
III. TERMS OF INSTALLATION SERVICE
These terms of service (“Terms of Service”) set out the terms and conditions on which our professional independent installation service partners (“Installation Partners”) will deliver, assemble and install your freestanding bedroom furniture products (“Assembled Product(s)”) listed on our website www.jolisha.store (“our site”) to you (collectively referred to as the “Installation Services”).
Please read these Terms of Service carefully before ordering any Assembled Products from our site. These Terms of Service tell you how our Installation Partners will deliver Assembled Products to you, how these will be assembled at your chosen location, how you, we or our Installation Partners may cancel an order, what to do if there is a problem with your Assembled Products or the Installation Services and other important information. If you do not agree to these Terms of Service you must not order any Assembled Product through our site.
1. PURCHASE OF ASSEMBLED PRODUCTS FROM jolisha.store
1.1 The purchase of any Assembled Products through our site is governed by our Terms of Sale.
2. These Terms of Installation Service shall supersede the Terms of Sale, in relation to the sale of Assembled Products, should there be any conflict between such terms.
3. ORDERING INSTALLATION SERVICES
3.1 The cost of the Installation Services is included in the Assembled Product retail price specified on our site.
3.2 You can place orders for Assembled Products and accompanying Installation Services with us by following the process outlined on our site. You acknowledge that by placing an order with us you will be under an obligation to pay for the Assembled Products if we accept your order.
Before ordering from us, it is your responsibility to check and determine:
a) that the information and specification it contains is accurate and meets your requirements; and
b) your full ability to receive the Assembled Products and Installation Services ordered.
This includes ensuring that the packaged Assembled Products ordered will pass and be assembled freely into your room of choice, they fit in that room, can be transported through the door of your house, flat or room, stairs and doorways, and there are no other issues that could make delivery more complicated or impossible.
3.4 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order and the specifications provided at each stage of the order process.
3.5 All orders are subject to acceptance by us. We will send you a confirmation e-mail after receiving your order and this will constitute acceptance by us. The contract between you and us will only be made when we send you this email. We will charge your chosen payment method after we accept your order.
3.6 Unfortunately, we can’t stop an order once it has been sent to our manufacturers or Installation Partners. If you change your mind about your order you can cancel the order within 10 calendar days of receipt of our order confirmation email without charge and in accordance with the cancellation policy for Assembled Products and Installation Services set out in clause 8 of these Terms of Service.
3.7 You must keep the contact details we hold for you up-to-date so that we and our Installation Partners can contact you about your order, the delivery and/or the Installation Services.
4. AVAILABILITY OF INSTALLATION SERVICES
4.1 All orders for Assembled Products are subject to the availability of those Assembled Products, the materials for making the Assembled Products and the availability of the Installation Partners to provide the Installation Services. We will inform you as soon as possible after receiving your order if, for any reason, the Assembled Products and/or the Installation Services you have ordered are not available or are subject to any delay.
4.2 If we are unable to supply you with an Assembled Product and/or the Installation Services, for example, because the manufacturer is out of stock, because of an error in the price or because of an issue with the Installation Providers we will inform you of this by email and we will not process your order. If you have already paid for the Assembled Product and Installation Services we will refund you the full amount as soon as possible.
5. PREPARATION FOR INSTALLATION SERVICES
5.1 Assembled Products are free-standing product which requires no less than 8cm for ceiling clearance and 4cm for wall clearance.
5.2 We will send you a document ‘Preparing for Home Assembly' which sets out your responsibility to ensure:
a) there is adequate room for our Installation Partners to provide the Installation Services at your chosen location.
b) all relevant areas at your chosen location are clear of any furniture and flooring is levelled.
c) there is sufficient room to carry the largest components of the unassembled product through your chosen delivery location to the area in which the Assembled Product is to be installed;
d) all pictures and mirrors from the walls and furniture are removed an as necessary in advance of delivery and installation so as to avoid any unnecessary obstruction.
e) parking is made available at your chosen delivery location, on the same street or adjacent street. If parking permits are needed, you must make a permit available for the Installation Partners delivery vehicle at your own cost for no less than 2 hours (or for such additional time as may be reasonably requested by the Installation Partner at the time of delivery and installation of the Assembled Product).
5.3 There will be some disruption whilst our Installation Partners are providing the Installation Services, however they will keep your room as tidy as possible.
6. DELIVERY OF ASSEMBLED PRODUCTS AND INSTALLATION SERVICES
6.1 Our Installation Partners will deliver, install and remove the packaging of the Assembled Products at your chosen delivery location within 8 to 10 calendar weeks from our email order confirmation (or as may otherwise be agreed between you and our Installation Partners).
6.2 Delivery on weekends and Bank Holidays are excluded from this service.
6.3 We will provide your details to our Installation Partners who will contact you to agree a mutually convenient date and time to visit your chosen delivery location, to provide the Installation Services.
6.4 To ensure successful delivery, our Installation Partners will contact you by telephone to re-confirm the date and time of delivery:
a) 24 hours before the agreed delivery time; and
b) 1 hour before the agreed delivery time.
6.5 In the event that you or someone appointed by you to accept the delivery are not at your chosen delivery location at the agreed date and time, our Installation Partners will wait for an additional 15 minutes before returning to the warehouse and re-delivery may incur additional costs.
6.6 Please note that our Installation Partners will deliver to addresses in the United Kingdom only.
6.7 Our Installation Partner shall install the Assembled Product in the position and location of your choice. Once installed, do not attempt to move the Assembled Product to any other position or location. Once assembled the Assembled Product needs to be disassembled to be repositioned.
6.8 Once the Assembled Products have been assembled and/or installed our Installation Partners will take photographs for quality purposes and you will be asked to sign a form confirming that the Assembled Products have been installed as agreed in the order and to your reasonable satisfaction. This information will be retained by our Installation Partners and us and shall be relied on in the event of any claim or dispute in relation to the Assembled Product or Installation Services.
7. If any damage or missing parts of the Assembled Products are discovered by our Installation Partners on delivery to you, our Installation Partners shall deliver and install replacement parts for the Assembled Products within 4 calendar weeks (or such other date as shall be agreed between the Installation Partner and you), and: the Installation Partner will contact you to agree a mutually convenient delivery date for the Installation Services; all costs associated with the delivery and installation of these replacement parts to the Assembled Products shall be borne by the Installation Partner.
7.1 Our Installation Partners will arrange delivery with you directly and so we will not provide you with dispatch or tracking services for Assembled Products purchase from our site.
8. CANCELLATION AND REFUND POLICY FOR ASSEMBLED PRODUCTS AND INSTALLATION SERVICES
8.1 We hope you will be pleased with everything you have bought from us but if you are unhappy with your Assembled Products, you have the right to cancel either in accordance with the terms set out below or as otherwise in accordance with your legal rights.
Right to cancel
8.2 You have a legal right to change your mind and cancel the contract between you and us within 10 calendar days of confirmation of the order for the Assembled Products from us.
8.3 To exercise the right to cancel, you must inform us of your decision to cancel your contract with us by making a clear statement (e.g. a letter sent by post or email or a telephone call). The easiest way to do this is to contact our Customer Services team. You may use the following model cancellation form but you are not required to do so:
|
Model Cancelation Form To: jolisha.store Design Limited, 5 Singer Street, London, EC2A 4BQ I/We(*) hereby give notice that I/We(*) cancel from my/our (*) contract of sale of the following goods(*)/for the provision of the following service(*) Ordered on(*) / received on(*) Name of consumer(s), Address of consumer(s), Signature of consumer (only if this form is notified on paper) Date (*) Please delete if not applicable |
8.4 To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of your right to cancel before the cancellation period has expired.
Effects of cancellation
- Effects of cancellation
8.5 If you cancel your contract with us, within the 10-day cancellation period, we will reimburse all payments received from you, including the cost of delivery which is included in the retail price.
8.6 We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract.
8.7 We will make the reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
Faulty or mis-described goods or services
8.8 In the event that you discover damage or missing parts after the assembling and installation of the Assembled Products at your chosen delivery location, please contact our customer care team. We will work with you and our Installation Partners to:
a) Review the photographs and form of satisfaction obtained at the time of providing the Installation Services and installing the Assembled Products;
b) Agree an acceptable time for our Installation Partners to visit your chosen delivery location and inspect the Assembled Products.
8.9 If upon inspection of the Assembled Products it is established at the Installation Partner’s sole and reasonable discretion that:
a) that there are missing parts or that the Assembled Products are faulty, the Installation Partner will replace the missing or damaged parts of the Assembled Products at no additional charge to you; or
b) damage to the Assembled Products has been caused by you, the claim will be reviewed on a case by case basis.
9. YOUR INFORMATION
9.1 We will share your contact information with the Installation Partners for the provision of the Installation Services.
9.2 We process information about you in accordance with our Privacy Policy.
10. LIABILITY TO YOU
10.1 We are under a legal duty to supply Assembled Products that are in conformity with our contract with you in accordance with the Terms of Sale.
10.2 All Assembled Products are covered by a 2-year guarantee for manufacturing faults only.
11. EVENTS OUTSIDE OUR CONTROL
11.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control including acts of god, fire, flood, severe weather, explosions, war (whether declared or not), acts of terrorism or acts of local or central Government or of any other competent authorities provided that: (a) we will take reasonable steps to prevent or minimise the failure or delay; (b) in the event of failure to perform, we will refund you all amounts paid under the affected contract; and (c) in the event of substantial delay, you may cancel your order by notifying us and we will refund you all amounts paid under the affected contract.
12. RESOLVING DISPUTES
12.1 If you have a dispute with us relating to our contract with you, in the first instance please contact us at Contact@jolisha.store and attempt to resolve the dispute with us informally. You can also write to us at: Complaints Department, 5 Singer Street, London, EC2A 4BQ.
12.2 In the unlikely event that we are not able to resolve the dispute informally, between you and the Installation Partner please note that the EU operates an online dispute resolution platform for EU consumers to submit disputes arising from online purchases, which can be accessed at http://ec.europa.eu/odr. You will also always have the option of resolving the dispute using court action.
13. EACH OF THESE TERMS OPERATES INDEPENDENTLY
13.1 Each of the provisions of these Terms of Service operates separately. If any court or any other relevant authority decides that any of these paragraphs are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
14. UPDATING THESE TERMS OF SERVICE
14.1 We may modify or update these Terms of Service from time to time for reasons including without limitation: (a) changes in how our, professional partners and/or our Installation Partners business operates; (b) changes in the legal or regulatory requirements that we must comply with; or (c) changes in how we accept payment from you. However, any order of Assembled Products and Installation Services by you will be governed by the terms and conditions available on our site at the time you place the order.
15. TRANSFER OF OUR RIGHTS
15.1 We may transfer our rights and obligations under our contract with you to another organisation, and we will do our best to notify you in writing if this happens, but this will not affect your rights or our obligations under the contract. We will use reasonable endeavours to tell you in writing in this happens.
16. LAW AND JURISDICTION
16.1 These Terms of Service are governed by English law. This means that a contract for the purchase of Assembled Products and the provision of Installation Services made through our site and any dispute or claim arising out of or in connection with it will be governed by English law.
16.2 You can bring legal proceedings in respect of this contract in the English courts. However, if you are a resident of Scotland, you may also bring proceedings in Scotland and if you are a resident in Northern Ireland, you may also bring proceedings in Northern Ireland.
17. CONTACTING YOU
17.1 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
CONTACT US
17.1 Contact us - If you have any queries about these Terms of Service, please contact our Customer Services team. We’ll be here to help.
IV. COMPETITION TERMS
These competition terms (“Competition Terms”) set out the terms and conditions applicable to each prize draw, competition or other prize promotion (each, a "Competition") that we run.
The details of each Competition that we are currently running are set out in Section A below. If you wish to enter a Competition, the relevant Competition-specific terms in Section A will apply. In addition, the general terms set out in Section B will apply to every Competition that we run.
SECTION A – CURRENT COMPETITIONS
Best comment competition
1. INTRODUCTION
1.1 This competition is open to residents of the UK (excluding Northern Ireland), Belgium, France, Germany, Austria, the Netherlands, Spain and Switzerland aged 18 or over at the date on which they enter the Competition, except for employees of jolisha.store, its group companies, agents or anyone professionally connected with this Competition and any member of their respective immediate families.
1.2 Entry to the competition opens at 00:01 (UK time) on the first day of the month and closes at 23:59 (UK time) on the final day of the month.
1.3 No purchase is necessary to enter the competition.
2. HOW TO ENTER THE COMPETITION
2.1 To enter the competition, either comment underneath one of our Instagram grid posts or mention @madedotcom in a caption when posting on Instagram. Ensure this comment or caption is humourous, interesting or complimentary and we’ll pick the best one each month.
2.2 Multiple entries are permitted per person.
3. WINNERS
3.1 Each month one winner will be selected from all eligible entries by our panel who will choose the best caption or comment.
3.2 Winners will be notified via Instagram direct message (DM) to the Instagram account they used to enter the competition and will be asked to confirm their contact details for confirmation of the prize.
4. PRIZES
4.1 Each month, one prize of either £50 or €50 (at the winner’s choice) of jolisha.store vouchers will be won.
5. CONDITIONS
5.1 In the event that jolisha.store is unable to contact a winner within 2 working days of the relevant draw, jolisha.store reserves the right to award the prize to an alternative winner selected in accordance with clause 3.1 of the terms in this Section A for this Competition.
5.2 The prize will be delivered, via email, within 7 working days from a valid acceptance of the prize.
Social share photo competition
1. INTRODUCTION
1.1 This Competition is open to residents of the UK, excluding Northern Ireland, aged 18 or over at the date on which they enter the Competition, except for employees of jolisha.store, its group companies, agents or anyone professionally connected with this Competition and any member of their respective immediate families.
1.2 Entry is open to those who have placed an order through jolisha.store’s UK website and received an email offering them to enter the competition.
1.3 Entry to the Competition opens at 00:01 on the first day of the month and closes at 23:59 on the final day of the month.
2. HOW TO ENTER THE COMPETITION
2.1 To enter the Competition, click the link in the email within 21 days, then upload a photo on Instagram of the jolisha.store product you purchased, using the hashtag #MadeItMine and tagging @madedotcom. Your profile must be set to public in order for us to view your photo.
2.2 Only one entry is permitted per person and per purchase.
2.3 The entrants agree that the photo uploaded to Instagram and tagged with the hashtag #MadeItMine can be used by jolisha.store for promotional and other reasons, including on jolisha.store’s webpage and social media pages. Each entrant grants a licence to jolisha.store to use the photo for such purposes. MADE will choose those uploaded photos to use and publish at its absolute discretion. See section VI (Shop Instagram) of our Terms and Conditions (https://www.jolisha.store/terms-and-conditions/#ugc) for further details.
3. WINNERS
3.1 Each month one winner will be selected at random from all eligible entries (from the previous month) on the first business day of the month.
3.2 The winner will be notified via the Instagram account they used to enter the competition and will be asked to confirm their details for delivery of the prize.
4. PRIZES
4.1 Each month, one prize of £100 of jolisha.store vouchers will be won.
5. CONDITIONS
5.1 In the event that jolisha.store is unable to contact a winner within 1 working day of the relevant draw, jolisha.store reserves the right to award the prize to an alternative winner selected in accordance with clause 3.1 of the terms in this Section A for this Competition.
5.2 The prize will be delivered, via email, within 30 working days from a valid acceptance of the prize.
TRUSTPILOT REVIEW
1. Introduction
This competition is open to anyone who has placed an order through our UK Website and has posted a review on Trustpilot - an independent review site.
2. Winners
2.1 One winner will be selected from all eligible entries on the 1st of every month (or Monday following the 1st) at random from a list of reviews made during the course of the previous month.
2.2 Winners will be notified via the email address used on their jolisha.store account on the day of the drawer.
3. Prize
There is a total of one prize per drawer available to be won: £50 jolisha.store voucher, one time use and valid for 6 months, with no minimum spend.
SECTION B – GENERAL COMPETITION TERMS
Last updated 6 April 2018
1.1 Each Competition is offered by jolisha.store Design Limited, a company registered in England with company number 07101408, registered office 5 Singer Street, London, EC2A 4BQ and VAT registration number GB998057263.
1.2 By entering a Competition, all participants will be deemed to have accepted the relevant Competition-specific terms and conditions in Section A above and the general terms and conditions set out in this Section B. All entry instructions form part of these terms and conditions.
2. CONDITIONS
2.1 No entries received after the closing time will be eligible to win a prize.
2.2 In order to enter a Competition that is only run online you must have an Internet connection and in order to enter a Competition that is only run through a social media platform, you must have an account with that social media platform.
2.3 Should the prize for a Competition be unavailable, a prize of equal or greater value will be substituted. There is no cash alternative available. Prizes are non-transferable and cannot be resold. jolisha.store reserves the right to substitute an alternative prize of equal or greater value. Unless otherwise agreed in writing by jolisha.store, the prize will only be awarded to the winner.
2.4 Each winner agrees to participate in reasonable publicity as may be required by jolisha.store in respect of the Competition. jolisha.store reserves the right to publish each winner's name, photograph and county on its website, Facebook page and/or Twitter account or to publicise the prize-giving presentation within a year of the closing date.
2.5 Each winner's name and county are available on request by emailing Contact@jolisha.store.
2.6 No entries from agents, third parties, syndicated entries or those made using methods such as a computer macro, script or the use of automated devices are permitted and no bulk entries.
2.7 All costs and expenses not included within the prizes are the responsibility of the winner(s).
2.8 jolisha.store reserves the right at any time, in its absolute discretion, to:
2.8.1 verify the eligibility of any participant (including their age (if the Competition has age restrictions) and place of residence);
2.8.2 disqualify any participant found to be abusing or tampering with the operation of the Competition or entering using fraudulent means, or who the promoter believes to have acted in breach of these terms and conditions; and
2.8.3 disqualify participants who do not give correct contact details or those who make an entry on someone else's behalf;
2.8.4 if a Competition is being run on one or more of jolisha.store's social media platforms, disqualify any participant posting an entry or a comment to jolisha.store's social media platforms from time to time that is, in jolisha.store's opinion, inappropriate, offensive or upsetting to other participants, fans of jolisha.store or directly aimed at jolisha.store, or contrary to applicable law, and to remove any such entry or comment.
3. LIABILITY
3.1 To the fullest extent permitted by law, jolisha.store excludes liability for any losses, damages or claims incurred by any person in connection with the Competition or receipt or misuse of any prize.
3.2 Except as otherwise required by applicable law, jolisha.store accepts no responsibility or liability for any entry or claim which for technical or other reasons is unsuccessful, incomplete, lost, late, damaged, corrupted or misdirected.
3.3 If a Competition is being run on one or more of jolisha.store's social media platforms or another third party's platform, that Competition is not in any way sponsored, endorsed or administered by, or associated with that social media platform or third party (as applicable). Participants acknowledge that such social media platform or third party (as applicable) shall not have any liability to them in connection with that Competition.
4. GENERAL
4.1 Any decision of jolisha.store in respect of a Competition is final. For questions regarding a Competition, email Contact@jolisha.store.
4.2 jolisha.store reserves the right to extend, withdraw, alter or suspend a Competition or these terms and conditions (including the terms in Section A relevant to the Competition) at any time if circumstances beyond its control make this unavoidable.
4.3 All personal data submitted in connection with a Competition will be processed by jolisha.store for the purposes of administering and managing that Competition and prizes (where applicable) and verifying the eligibility of each participant. jolisha.store is committed to protecting the privacy of all participants. Data that is collected from or about participants will be used in accordance with jolisha.store's Privacy Policy.
4.4 Any images are an illustrative example and do not show the exact prize(s).
4.5 Each Competition and these Competition Terms (including the Competition-specific terms in Section A and the general terms in this Section B), and any dispute or claim arising out of or in connection with them, shall be governed by and construed in accordance with English law. Each participant irrevocably agrees that the courts of England and Wales shall have non-exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with any Competition or these Competition Terms.
V. TALENTLAB (30.10.2017)
Pledger
jolisha.store’s Talent Lab enables customers to access an unrivalled boutique of new and unique products, first. By placing pledges, you can directly influence which pieces go into production because our crowdfunding model means that only the most popular products are launched on our main website.
As Pledgors, you get VIP treatment and privileged pricing with a brand new curated collection to shop from every few months. The Products that become Fully Funded will be produced and sold on the jolisha.store online store, with the Pledgors of those Successful Products being entitled to exclusive benefits in relation to the Product on which the they have Pledged. You can Pledge by following these simple steps, and all Pledges are subject to these Talent Lab Crowdfunding Terms and Conditions (“T&Cs”) between “us”, jolisha.store, and you.
1. DEFINITIONS
1.1. The following definitions shall apply in these T&Cs.
Crowdfunding Period: the period as specified on the Talent Lab Site from time to time that a range of Products are made available for registered users to make Pledges.
Fully Funded: when a Product on the Talent Lab Site reaches the minimum number of Pledges it requires to become a Successful Product.
Notification: an email from us at the end of the Crowdfunding Period as to whether or not you have made a Pledge on a Successful Product.
Pledge: a contribution made by a Pledgor.
Pledgor: a registered user making a Pledge on a Product.
Pledgor’s Benefits: the benefits described at clause 4.2 which are available only to a Pledgor of a Successful Product.
Product: a product designed by a designer and submitted to the Talent Lab Site.
Successful Products: at the end of each Crowdfunding Period, those Products which have been Fully Funded and will be sold on the jolisha.store website.
Talent Lab Site: the website for Talent Lab at www.jolisha.store/talentlab
2. ACCESSING & USING TALENT LAB
2.1. Anyone can access the Talent Lab via the Talent Lab Site. However, in order to make a Pledge, you will need to register by signing up and creating a jolisha.store account; including providing us with a valid email address.
2.2. To register an account, you must be at least 18 years of age and accept both our general terms of sale and Privacy policy.
2.3. Your account is for your personal use only and you must keep your login details confidential.
2.4. In the event that you have, or we have reason to believe that you have, breached or will breach these T&Cs, we reserve the right to terminate or suspend your registration and/or access to the Talent Lab Site and/or your ability to Pledge.
2.5. You are not eligible to use the Talent Lab Site if we have temporarily suspended or previously terminated your access and we have not expressly authorised you in writing to resume using the Talent Lab Site.
3. MAKING PLEDGES
3.1. Each Crowdfunding Period, a select number of Products on the Talent Lab Site, chosen at our discretion, will be made available for registered users to make Pledges on. Each Crowdfunding Period will showcase a new collection of Products. You will not be able to Pledge on Products from previous Crowdfunding Periods.
3.2. You can Pledge by going to the Product’s profile page, which will specify the set amount that users are required to Pledge on that specific Product.
3.3. If you select to Pledge, the Product will be added to your basket. Please note that this does not mean that you are purchasing the Product for the Pledge amount. Upon checkout, you will be prompted to enter your payment details in order to pay the specified Pledge amount. We accept payment with the payment methods listed on our jolisha.store website.
3.4. All Pledges are anonymous, and you are free to Pledge on multiple Products during the Crowdfunding Period.
3.5. Once you have made a Pledge, you will receive an order confirmation email from us acknowledging your Pledge. The following day you will receive a separate Talent Lab email, specifying more information about the Talent Lab. Furthermore, you will receive subsequent Talent Lab emails during the Crowdfunding Period if the Product you Pledged on reaches certain stages – such as being 25%, 50% and 75% funded and you agree to receive such emails.
3.6. In the event that we are unable to verify any information supplied by you to our satisfaction, we may delay, withhold, cancel or refund any Pledges or other amounts without giving any notice to you and do so without incurring any liability to you.
3.7 We reserve the right to cancel or suspend the ability to Pledge at any time without notice.
3.8. Making a Pledge does not entitle you to any rights in or to any Product, including any ownership, control or intellectual property rights in or to a Product.
4. SUCCESSFUL PRODUCTS
4.1. At the end of the Crowdfunding Period we will notify you, via the email address you provided when registering your account, whether or not you have made a Pledge on a Product which has become a Successful Product (“Notification”).
4.2. If you have made a Pledge on a Successful Product, this will entitle you to priority purchase the Product at a 30% discount on its full price before it becomes available to the general public to purchase at the full price (“Pledgor’s Benefits”).
4.3. If you want to take advantage of the Pledgor’s Benefits in respect of a Pledge you have made on a Successful Product, you will need to confirm this to us via email by responding to our Notification within 60 (sixty) days of the date of the Notification.
4.4. If you do not confirm that you wish to take advantage of the Pledgor’s Benefits within 60 (sixty) days of the date of the Notification in the manner described in clause 4.3, you will be deemed to have waived your right to receive the Pledgor’s Benefits and we shall refund your Pledge to you in accordance with Clause 5 of these T&Cs.
4.5. At the end of the Crowdfunding Period, if you receive a Notification saying that you have made a Pledge on a Product that is not a Successful Product, we will automatically refund your Pledge in accordance with Clause 5 of these T&Cs.
5. CANCELLING & REFUNDING PLEDGES
5.1. Before the end of the Crowdfunding Period you may cancel, without charge, any Pledges that you have made on any Products and we will refund your Pledge. If you cancel your Pledge and the Product goes on to become a Successful Product, you will not be entitled to any of the Pledgor’s Benefits.>
5.2 If, after the Crowdfunding Period, you receive a Notification from us that the Product on which you made a Pledge has become a Successful Product, but you no longer want to purchase the Product, you may request a refund of your Pledge, at which point you will waive your rights to the Pledgor’s Benefits.
5.3. If a Product for which you have made a Pledge does not become a Successful Product at the end of the applicable Crowdfunding Period, your Pledge will automatically be refunded to you.
5.4. All requests for refunds and cancellations should be made by making a clear statement to us (e.g. a postal letter, email or telephone call). The easiest way to do this is to contact our Customer Services team at Contact@jolisha.store. You may use the following model cancellation form, but are not required to do so:
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Model Cancelation Form
To: jolisha.store Design Limited, 5 Singer Street, London, EC2A 4BQ I/We(*) hereby give notice that I/We(*) cancel from my/our (*) contract of sale of the following goods(*)/for the provision of the following service(*) Ordered on(*) / received on(*) Name of consumer(s), Address of consumer(s), Signature of consumer (only if this form is notified on paper) Date (*) Please delete if not applicable |
5.5. All refunds in this Clause 5 will be made within 14 days of receiving your refund/cancellation request.
5.6. We will make all refunds using the same means of payment as you used for the initial Pledge, unless expressly agreed otherwise.
6. PRIVACY
6.1. Any personal data collected about you will be processed in accordance with our Privacy Policy.
7. MISCELLANEOUS
7.1. jolisha.store, its sub-contractors, subsidiaries and/or agencies cannot accept any responsibility whatsoever for any technical failure or malfunction or any other problem with the internet connectivity or line, system, server, provider or otherwise which may result in any Pledge not being properly registered or recorded.
7.2. We reserve the right to amend these T&Cs without prior notice. Please check these T&Cs each time you wish to make a Pledge.
7.3. These T&Cs and any dispute or claim arising out of or in connection with them, shall be governed by and construed in accordance with English law. You hereby irrevocably agree that the courts of England & Wales shall have non-exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these T&Cs.
Entrants
1. GENERAL
1.1 The following definitions shall apply in these TalentLAB Terms and Conditions.
Crowd Funding: consumers visiting the Talent Lab Site can make a Pledge on a Product on the Curated Collection which entitles them to a discount on that Product if it becomes a Successful Product.
Crowd Funding Period: the period as specified on the Talent Lab Site from time to time that the Products selected for the Curated Collection will be made available on the Talent Lab Site for visitors to the Talent Lab Site to make Pledges on a particular Product.
Entrant: an eligible person pursuant to clause 2.1 who sends, uploads or otherwise submits designs, drawings, images, descriptions and/or any other materials in relation to a Product to the Talent Lab Site for consideration as a Successful Product.
Entry: designs, drawings, images, descriptions and/or any other materials uploaded or submitted to the Talent Lab Site in relation to a Product in accordance with these Talent Lab Terms and Conditions for the purposes of the Talent Lab.
Successful Product: see 4.1.3.3.
Intellectual Property Rights: Any patents, trademarks, service marks, registered designs, utility models, design rights, copyright (including copyright in computer software), database rights, semi-conductor topography rights, inventions, trade secrets and other confidential information, know-how, business or trade names (including internet domain names and e-mail address names) and all other intellectual and industrial property and rights of a similar or corresponding nature in any part of the world, whether registered or not or capable of registration or not and including the right to apply for and all applications for any of the foregoing rights and the right to sue for infringements of any of the foregoing rights.
Curated Collection: see clause 4.1.2.1.
jolisha.store: jolisha.store Design Ltd (company number 07101408) whose registered office is at 5 Singer Street, London, EC2A 4BQ.
Pledge: a sum of money as specified on the Talent Lab Site for a particular Product on the Curated Collection.
Fully Funded: when a Product selected for the Curated Collection which enters the Crowdfunding Period achieves the minimum amount of Pledges it requires in order to become a Successful Product.
Product: A product designed by an Entrant in accordance with clause 3 for the purposes of the Talent Lab and includes Successful Products as applicable.
Product Design Documents: any and all design documents, drawings, measured sketches, photos, images, technical descriptions or variations thereof submitted on Entry relating to a Product.
Talent Lab: the jolisha.store Talent Lab platform which showcases innovative and unique designers and their designs and where consumers can make a Pledge and influence which designs should become Successful Products and thereby produced by jolisha.store subject to these Talent Lab Terms and Conditions and certain other terms and conditions specified below at clause 1.2.
Talent Lab Site: the Talent Lab website at www.jolisha.store/talentlab
By submitting an Entry to the Talent Lab Site, you hereby agree to these Talent Lab Terms and Conditions and the general terms and conditions applicable to all competitions set out in jolisha.store’s Competition Terms including without limitation the grant of rights at clause 7.1 below.
2. ELIGIBILITY
2.1. Subject to this clause 2, all persons aged 18 or over on the date on which they submit an Entry are eligible to participate in the Talent Lab (each an “Entrant”);
2.2. Entrants exclude employees of jolisha.store, its group companies, agents or anyone professionally connected with the Talent Lab and any member of their respective immediate families.
2.3. jolisha.store reserves the right to require Entrants to produce evidence at any time to show satisfaction of any of the requirements in clauses 2.1 and 2.2 and to refuse Entrants entry into, or disqualify Entrants from, the Talent Lab should it believe (in its absolute discretion) that they do not meet some or all of the above requirements.
3. THE PRODUCT
3.1. Entrants must ensure that their Product meets any requirements and criteria that jolisha.store may specify on the Talent Lab Site from time to time. These include, without limitation, that the Product should:
3.1.1. reflect a design that is suitable for urban communities;v
3.1.2. fit in with one of jolisha.store’s existing product categories (e.g. lighting, furniture, upholstery or home accessories) and approach to materials and techniques;
3.1.3. be an individual product (not a collection), although a variety of colour or material options for a single product will be acceptable;
3.1.4. not include moulded plastics, moulded foams for upholstery, chrome finishes, or metal sheets that require moulding;
3.1.5. be original, feasible, aesthetically pleasing, functional, make efficient use of materials, be commercial and comply with the jolisha.store brand.
4. COMPETITION STAGES
4.1. The Talent Lab will consist of the following stages (all dates and time frames are indicative only and may be subject to change):
4.1.1. Stage 1 - Submission of Entries
4.1.1.1. Entries are submitted via the Talent Lab Site. Entrants may submit their Entries at any time, and all text provided should be in English. All Entries will be published on the Talent Lab Site.
4.1.1.2. Each Entrant may enter multiple Entries, but each Entry should relate to one Product only (and not to a collection).
4.1.1.3. Notwithstanding clause 7.1, Entrants are encouraged to share their entry through social media (for example, Facebook, Twitter and via a share URL) in order to encourage Pledges to be made on their Product in the event that their Product is chosen for the Curated Collection pursuant to clause 4.1.2.1 and progresses to the Crowd Funding Period. For the avoidance of any doubt, it is irrelevant for the purposes of being chosen for the Curated Collection what feedback, publicity or otherwise an Entrant generates pursuant to this clause 4.1.1.3.
4.1.1.4. Visitors to the Talent Lab Site shall be able to “like” and comment on Products at any time. Pledges can only be made during the Crowd Funding Period and if a Product has been chosen for the Curated Collection pursuant to clause 4.1.2.1.
4.1.1.5. Submission of any Entry is at all times subject to and conditional upon the Entrant’s agreement to these Talent Lab Terms and Conditions.
4.1.2 Stage 2 - Curated Collection of Products
4.1.2.1.. After each period specified on the Talent Lab Site from time to time jolisha.store will, in its absolute discretion, choose a selection of Entries for the “Curated Collection” (the “Curated Collection”).
4.1.2.2. Entries not selected for the Curated Collection will remain on the Talent Lab Site subject to these Talent Lab Terms and Conditions, and will automatically be considered for subsequent Curated Collections. jolisha.store will not notify Entrants that they have not been selected for a Curated Collection.
4.1.2.3. Entrants selected for the Curated Collection shall have the opportunity to have their Product made available for Crowd Funding subject to clauses 4.1.2.4 and 4.1.2.5.
4.1.2.4. Entrants notified that they have been chosen for the Curated Collection will be required to sign jolisha.store's standard Talent Lab Designer Agreement and their progression to the Crowd Funding Period shall be subject to their express written agreement of the Talent Lab Designer Agreement.
4.1.2.5. In respect of any Entrants who fail to sign the Talent Lab Designer Agreement within a reasonable period of time (as determined by jolisha.store), jolisha.store reserves the right to remove them from the Curated Collection.
4.1.3. Stage 3 – Crowd Funding Period
4.1.3.1. Subject to 4.1.2.4, Entrants chosen for the Curated Collection will have their Products made available for Crowd Funding during the Crowd Funding Period.
4.1.3.2. Visitors to the Talent Lab Site will have to register an account with jolisha.store via the Talent Lab Site in order to Pledge and will be able to submit up to one Pledge per Product. All Pledges are made anonymously.
4.1.3.3. At the end of each Crowd Funding Period as specified on the Talent Lab Site, any Product on the Curated Collection that has been Fully Funded, will become a (“Successful Product”)
4.2. Any decision of jolisha.store in respect of the Talent Lab at any stage and in relation to any matter is final and in jolisha.store's absolute discretion. No correspondence will be entered into.
5.1. Successful Products shall be manufactured by jolisha.store and marketed and sold via the jolisha.store website subject to and in accordance with the Talent Lab Designer’s Agreement agreed between the Entrant and jolisha.store pursuant to clause 4.1.2.4.
4.1.3.1. Subject to 4.1.2.4, Entrants chosen for the Curated Collection will have their Products made available for Crowd Funding during the Crowd Funding Period.
4.1.3.1. Subject to 4.1.2.4, Entrants chosen for the Curated Collection will have their Products made available for Crowd Funding during the Crowd Funding Period.
4.1.3.2. Visitors to the Talent Lab Site will have to register an account with jolisha.store via the Talent Lab Site in order to Pledge and will be able to submit up to one Pledge per Product. All Pledges are made anonymously.
4.1.3.3. At the end of each Crowd Funding Period as specified on the Talent Lab Site, any Product on the Curated Collection that has been Fully Funded, will become a (“Successful Product”)
4.2. Any decision of jolisha.store in respect of the Talent Lab at any stage and in relation to any matter is final and in jolisha.store's absolute discretion. No correspondence will be entered into.
5.1. Successful Products shall be manufactured by jolisha.store and marketed and sold via the jolisha.store website subject to and in accordance with the Talent Lab Designer’s Agreement agreed between the Entrant and jolisha.store pursuant to clause 4.1.2.4.
4.1.3.2. Visitors to the Talent Lab Site will have to register an account with jolisha.store via the Talent Lab Site in order to Pledge and will be able to submit up to one Pledge per Product. All Pledges are made anonymously.
4.1.3.1. Subject to 4.1.2.4, Entrants chosen for the Curated Collection will have their Products made available for Crowd Funding during the Crowd Funding Period.
4.1.3.2. Visitors to the Talent Lab Site will have to register an account with jolisha.store via the Talent Lab Site in order to Pledge and will be able to submit up to one Pledge per Product. All Pledges are made anonymously.
4.1.3.3. At the end of each Crowd Funding Period as specified on the Talent Lab Site, any Product on the Curated Collection that has been Fully Funded, will become a (“Successful Product”)
4.2. Any decision of jolisha.store in respect of the Talent Lab at any stage and in relation to any matter is final and in jolisha.store's absolute discretion. No correspondence will be entered into.
5.1. Successful Products shall be manufactured by jolisha.store and marketed and sold via the jolisha.store website subject to and in accordance with the Talent Lab Designer’s Agreement agreed between the Entrant and jolisha.store pursuant to clause 4.1.2.4.
4.1.3.3. At the end of each Crowd Funding Period as specified on the Talent Lab Site, any Product on the Curated Collection that has been Fully Funded, will become a (“Successful Product”)
4.1.3.1. Subject to 4.1.2.4, Entrants chosen for the Curated Collection will have their Products made available for Crowd Funding during the Crowd Funding Period.
4.1.3.2. Visitors to the Talent Lab Site will have to register an account with jolisha.store via the Talent Lab Site in order to Pledge and will be able to submit up to one Pledge per Product. All Pledges are made anonymously.
4.1.3.3. At the end of each Crowd Funding Period as specified on the Talent Lab Site, any Product on the Curated Collection that has been Fully Funded, will become a (“Successful Product”)
4.2. Any decision of jolisha.store in respect of the Talent Lab at any stage and in relation to any matter is final and in jolisha.store's absolute discretion. No correspondence will be entered into.
5.1. Successful Products shall be manufactured by jolisha.store and marketed and sold via the jolisha.store website subject to and in accordance with the Talent Lab Designer’s Agreement agreed between the Entrant and jolisha.store pursuant to clause 4.1.2.4.
4.2. Any decision of jolisha.store in respect of the Talent Lab at any stage and in relation to any matter is final and in jolisha.store's absolute discretion. No correspondence will be entered into.
5. SUCCESSFUL PRODUCTS
4.1.3.1. Subject to 4.1.2.4, Entrants chosen for the Curated Collection will have their Products made available for Crowd Funding during the Crowd Funding Period.
4.1.3.2. Visitors to the Talent Lab Site will have to register an account with jolisha.store via the Talent Lab Site in order to Pledge and will be able to submit up to one Pledge per Product. All Pledges are made anonymously.
4.1.3.3. At the end of each Crowd Funding Period as specified on the Talent Lab Site, any Product on the Curated Collection that has been Fully Funded, will become a (“Successful Product”)
4.2. Any decision of jolisha.store in respect of the Talent Lab at any stage and in relation to any matter is final and in jolisha.store's absolute discretion. No correspondence will be entered into.
5.1. Successful Products shall be manufactured by jolisha.store and marketed and sold via the jolisha.store website subject to and in accordance with the Talent Lab Designer’s Agreement agreed between the Entrant and jolisha.store pursuant to clause 4.1.2.4.
5.1. Successful Products shall be manufactured by jolisha.store and marketed and sold via the jolisha.store website subject to and in accordance with the Talent Lab Designer’s Agreement agreed between the Entrant and jolisha.store pursuant to clause 4.1.2.4.
4.1.3.1. Subject to 4.1.2.4, Entrants chosen for the Curated Collection will have their Products made available for Crowd Funding during the Crowd Funding Period.
4.1.3.2. Visitors to the Talent Lab Site will have to register an account with jolisha.store via the Talent Lab Site in order to Pledge and will be able to submit up to one Pledge per Product. All Pledges are made anonymously.
4.1.3.3. At the end of each Crowd Funding Period as specified on the Talent Lab Site, any Product on the Curated Collection that has been Fully Funded, will become a (“Successful Product”)
4.2. Any decision of jolisha.store in respect of the Talent Lab at any stage and in relation to any matter is final and in jolisha.store's absolute discretion. No correspondence will be entered into.
5.1. Successful Products shall be manufactured by jolisha.store and marketed and sold via the jolisha.store website subject to and in accordance with the Talent Lab Designer’s Agreement agreed between the Entrant and jolisha.store pursuant to clause 4.1.2.4.
5.2. Entrants of Successful Products and Entrants on the Curated Collection may be required to participate in reasonable publicity and promotional activity arising from the Talent Lab that may result in photographs being taken and their name provided to the press and media. jolisha.store reserves the right to provide the press and media with details of the Talent Lab and the Successful Product, or to publish such details on its website or social media pages, including, but not limited to, the name, photograph, location and profile of Entrants of Successful Products and/or Curated Collection Entrants, Product details, and images or footage relating to such Entrants or Products.
6. TALENT LAB DESIGNER AGREEMENT – HEADS OF TERMS
6.1. jolisha.store's standard Talent Lab Designer Agreement is required to be signed by all Entrants whose Products have been selected for the Curated Collection pursuant to clause 4.1.2.4.
6.2. For the avoidance of any doubt, the Talent Lab Designer Agreement is a standard, non-negotiable agreement which will include, without limitation, the following key terms:
6.2.1. Entrants shall grant a worldwide, exclusive, irrevocable, sub-licensable licence in perpetuity to jolisha.store to manufacture, use, distribute, import, advertise, sell or otherwise supply or exploit the Product (or variants thereof);
6.2.2. Entrants of Successful Products shall offer a right of first refusal to jolisha.store on any subsequent designs that would reasonably form part of a collection or range extension to Successful Products;
6.2.3. jolisha.store shall pay a standard royalty rate (at jolisha.store's discretion) to the Entrants of Successful Products sold and delivered; and
6.2.4. Entrants shall provide jolisha.store with various confirmations, warranties and indemnities in relation to Intellectual Property Rights relating to the Product.
6.2.5. jolisha.store shall not materially deviate from the specifications, standards and directions relating to the Products without the approval of the Entrant, such approval not to be unreasonably withheld, provided that jolisha.store may deviate from such specifications to the extent it considers reasonably necessary for the production and manufacture of the Products, to develop the range of Products provided that such development is consistent with, and within the spirit of, the original design or to modify the internal structure or shape of the Products.
6.3. Notwithstanding clause 6.2.1, jolisha.store shall not exercise its rights to manufacture, market or sell a Product unless and until a Product becomes a Successful Product pursuant to clause 4.1.3.3.
6.4. No alternative prize is available in whole or in part.
7. LICENCE AND TERMINATION
7.1. Subject to the termination provisions at clauses 7.2, 7.4 and 7.5, by submitting an Entry to the Talent Lab, each Entrant grants jolisha.store a fully paid-up, worldwide, non-exclusive, irrevocable (subject to the clauses below), sub-licensable, perpetual licence to use all Intellectual Property Rights in and to the Product Design Documents in order to reproduce, market, promote, publish and otherwise use or refer to the applicable Product for the purposes of, or otherwise relating to, the Talent Lab.
7.2. On notification to an Entrant that their Product has been Fully Funded as a Successful Product after the Crowd Funding Period, these Talent Lab Terms and Conditions shall automatically terminate. Notwithstanding the foregoing, the Talent Lab Designer Agreement shall remain in full force and effect in relation to that Entrant and its Product, at that point, a Successful Product.
7.3. On notification to an Entrant that their Product has not been selected as a Successful Product after the Crowd Funding Period, these Talent Lab Terms and Conditions shall remain in force, and the Talent Lab Designer Agreement shall automatically terminate.
7.4. jolisha.store may terminate these Talent Lab Terms and Conditions immediately by giving notice to any Entrant in writing if:
7.4.1. the Entrant has committed any material breach of these Talent Lab Terms and Conditions, which is not capable of remedy;
7.4.2. the Entrant has committed any material breach of these Talent Lab Terms and Conditions, which is capable of remedy and the Entrant has failed to remedy that material breach within 14 days of having been given notice of the breach by jolisha.store;
7.4.3. a person becomes entitled to appoint a receiver over the assets of an Entrant, or a receiver is appointed over the assets of the Entrant; or
7.4.4. the Entrant (being an individual) is the subject of a bankruptcy petition or order.
7.5. If an Entrant deletes their Entry, these Talent Lab Terms and Conditions, including the non-exclusive licence granted to jolisha.store pursuant to clause 7.1, will automatically and immediately terminate without notice as at the time of deletion. For the avoidance of any doubt, deletion of the Entry will remove Products from consideration for the Curated Collection and prevent progression to any later competition stages.
8. INTELLECTUAL PROPERTY RIGHTS
8.1. Notwithstanding and subject to the rights and licences granted in these Talent Lab Terms and Conditions or in the Talent Lab Designer Agreement as applicable, Entrants shall own all Intellectual Property Rights in and to the Product that they have created for the purposes of entering the Talent Lab.
8.2. Entrants warrant and agree that the Product that they enter into the Talent Lab including without limitation any and all design drawings, images or descriptions relating to the same, are the original work of the Entrant and that they are the exclusive owner and rights holder of all Intellectual Property Rights in and to the Product and that they have the right to enter the Product to the Talent Lab in accordance with clause 4.1.1. and grant all required licences for the purposes of clause 7.1.
8.3. Entrants agree not to submit a Product to the Talent Lab which:
8.3.1. infringes any third party proprietary rights, Intellectual Property Rights, industrial property rights, personal or moral rights or any other rights, including without limitation, copyright, trademark, patent, trade secret or confidentiality obligations; or
8.3.2. otherwise violates applicable UK or other law.
8.4. To the maximum extent permitted by law, Entrants agree to defend, indemnify and hold harmless jolisha.store, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal costs) arising out of or accruing from:
8.4.1. any material uploaded or otherwise provided by Entrants that infringes any copyright, trademark, trade secret, trade dress, patent or other Intellectual Property Right of any person or defames any person or violates their rights of publicity or privacy;
8.4.2. any misrepresentation made by Entrants in connection with the Talent Lab;
8.4.3. any act, default or omission of Entrants and/or a breach of any warranty set forth in this clause 8 and/or any non-compliance by Entrants with these Talent Lab Terms and Conditions; and
8.4.4. any claims brought by persons or entities other than Entrants arising from or related to the Entrant’s involvement with the Talent Lab.
8.5. jolisha.store is not responsible for obtaining, verifying or protecting any Intellectual Property Rights relating to the Product or a Successful Product. Unless jolisha.store agrees otherwise, it is the responsibility of all Entrants to secure protection (if desired) for a Product which is being entered before submission. Proof of any patents, design applications or registrations, trademark applications or registrations, other rights, permissions or applications should be referred to in the entry of the Product.
8.6. Entrants confirm that they are the legal owner of all Intellectual Property Rights (and moral rights) in relation to their Product and, if not, that they have obtained all necessary permissions and licences from relevant third parties. The Product must be original and not in breach of a third party’s Intellectual Property Rights. If any Entrants are unable to confirm that they are the legal owner of all Intellectual Property Rights (including without limitation moral rights) in relation to their Product or that they have obtained all necessary permissions and licences from relevant third parties to jolisha.store’s satisfaction, jolisha.store reserves the right to disqualify the Entrant and immediately terminate these Talent Lab Terms and Conditions.
9. MISCELLANEOUS
9.1. jolisha.store accepts no responsibility for any damage, loss, loss of business, liabilities, injury or disappointment incurred or suffered by Entrants as a result of entering their Product to the Talent Lab. jolisha.store in no way excludes its liability for death or personal injury arising from its negligence.
9.2. jolisha.store reserves the right to extend, withdraw, alter or suspend the Talent Lab or these Talent Lab Terms and Conditions at any time if circumstances beyond its control make this unavoidable.
9.3. All personal data submitted in connection with the Talent Lab will be processed by jolisha.store for the purposes of administering and managing the Talent Lab, including for the purpose of informing Entrants of their progression throughout the Talent Lab and/or publicity opportunities and verifying the eligibility of each Entrant. jolisha.store is committed to protecting the privacy of all participants. Data that is collected from or about participants will be used in accordance with jolisha.store's Privacy Policy.
9.4. These Talent Lab Terms and Conditions, and any dispute or claim arising out of or in connection with them, shall be governed by and construed in accordance with English law. Each Entrant irrevocably agrees that the courts of England and Wales shall have non-exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these terms and conditions.