Terms of service
Overview
Welcome to JO Macarons! The terms “we”, “us” and “our” refer to JO Macarons. JO Macarons operates this store and website, including all related information, content, features, tools, products and services, to provide you, the customer, with a personalised shopping experience (the “Services”). JO Macarons is powered by Shopify, which enables us to provide the Services to you.
The following terms and conditions, including any policies referenced herein (the “Terms of service” or “Terms”), describe your rights and responsibilities when you use the Services.
Please read these Terms of service carefully. They contain important information about your legal rights and address topics such as disclaimers and limitations of liability.
By accessing, interacting with or using our Services, you agree to be bound by these Terms of service and our Privacy policy Privacy policy – JO Macarons. If you do not agree to these Terms of service or the Privacy policy, you may not access or use our Services.
Article 1 - access and account
By agreeing to these Terms of service, you represent that you are of legal age in your state, province or country of residence, and that you have given us your consent to allow any minor dependents to use the Services on devices that you own, purchase or manage.
To use the Services, including visiting or browsing our online stores or purchasing products or services offered by us, we may require you to provide certain information, such as your email address and your billing, payment and shipping details. You represent and warrant that all information you provide in our stores is accurate, current and complete, and that you have all necessary rights to provide such information.
You are solely responsible for maintaining the security of your account credentials and for all activities that occur under your account. You may not transfer, sell, assign or license your account to any other person.
Article 2 - our products
We make every effort to display our products and services as accurately as possible in our online stores. However, please note that colours and appearance may differ from how they appear on your screen. This depends on the type of device you use to access the store and its settings and configuration.
We do not guarantee that the appearance or quality of any products or services purchased by you will meet your expectations or match the display or description in our webshop.
All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue the sale of any product at any time and may limit the quantities of products offered per person, geographic region or jurisdiction on a case-by-case basis.
Article 3 - orders
When you place an order, you submit an offer to purchase. JO Macarons reserves the right to accept or refuse your order at its sole discretion for any reason. Your order is only accepted once it has been confirmed by JO Macarons. Payment must be received and processed before an order is accepted. Please review your order carefully before submitting it. JO Macarons may not be able to honour cancellation requests after an order has been accepted. If we do not accept, modify or cancel an order, we will attempt to notify you by contacting you via the email address, billing address and/or phone number provided during the ordering process.
You may only return or exchange purchases in accordance with our Returns policy Returns Policy | JO Macarons.
You represent and warrant that your purchases are for personal or household use only and not for commercial resale or export.
Article 4 - pricing and billing
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless expressly stated otherwise, prices do not include taxes, shipping charges, handling fees, customs duties or import fees.
Prices displayed in our online stores may differ from prices in physical stores or in online stores operated by third parties. From time to time, we may offer promotions for the Services that may affect pricing and that are subject to separate terms and conditions. In the event of a conflict between promotional terms and these Terms, the promotional terms shall prevail.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made in our stores. You agree to promptly update your account and other information, including your email address and credit card details, so that we can complete your transactions and contact you if needed.
You represent and warrant that: (i) the credit card information you provide is true, correct and complete; (ii) you are authorised to use the credit card for purchases; (iii) charges incurred by you will be honoured by your credit card company; and (iv) you will pay the charges incurred by you at the prices displayed, including shipping, handling and applicable taxes, if any.
Article 5 - shipping and delivery
We are not responsible for shipping or delivery delays. All delivery times provided are estimates only and are not guaranteed. We are not liable for delays caused by carriers, customs clearance or events beyond our control. Ownership and risk of loss transfer to you once the products have been handed over to the carrier.
Article 6 - intellectual property
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, audio and the design, selection and arrangement thereof, are owned by JO Macarons, its affiliates or licensors, and are protected by copyright, trademark, patent and other intellectual property laws in the United States and other countries.
These Terms permit you to use the Services for personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any material from the Services without our prior written consent. Except as expressly provided in these Terms, nothing herein grants you any licence or other rights in or to any patent, trademark, copyright or other intellectual property of JO Macarons, Shopify or any third party. Unauthorised use of the Services may violate applicable intellectual property laws. All rights not expressly granted are reserved by JO Macarons.
The names, logos, product names, service names, design elements and slogans of JO Macarons are trademarks of JO Macarons or its affiliates or licensors. You may not use such trademarks without prior written permission from JO Macarons. Shopify’s name, logo, product names, service names, design elements and slogans are trademarks of Shopify. All other names, logos, product names, service names, design elements and slogans appearing in the Services are trademarks of their respective owners.
Article 7 - optional tools
You may be provided with access to customer tools offered by third parties as part of the Services. We do not monitor, control or have input into these tools.
You acknowledge and agree that we provide access to such tools “as is” and “as available”, without warranties, representations or conditions of any kind and without endorsement. We shall not be liable for any harm or damages arising from or related to your use of optional third-party tools.
Your use of optional tools offered through the site is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms under which such tools are provided by the relevant third party or parties.
We may also offer new features through the Services in the future, including the release of new tools and resources. Such new features shall also be considered part of the Services and subject to these Terms of service.
Article 8 - third-party links
The Services may contain materials and hyperlinks to websites operated or provided by third parties, including embedded third-party functionality. We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites. If you choose to leave the Services to access third-party materials or sites, you do so at your own risk.
We are not liable for any harm or damages related to your visit to third-party websites or your purchase or use of products, services, resources or content from third-party websites. Please review the third party’s policies and practices carefully and ensure you understand them before engaging in any transaction. Complaints, claims, concerns or questions regarding third-party products or services should be directed to the respective third party.
Article 9 - relationship with Shopify
[Merchant note: this article accurately describes Shopify’s relationship with your store and must not be removed or modified.]
JO Macarons uses Shopify to provide the Services to you. However, all sales and purchases made in our store are conducted directly with JO Macarons. By using the Services, you acknowledge and agree that Shopify is not responsible for any sales-related aspect between you and JO Macarons, including any injury, damage or loss resulting from purchased products or services. You expressly release Shopify and its affiliates from all claims, damages and liabilities arising from or related to your purchases and transactions with JO Macarons.
Article 10 - privacy policy
All personal information collected through the Services is subject to our Privacy policy, which can be viewed here [LINK]. Certain personal information may also be subject to Shopify’s Privacy policy, which can be viewed on Shopify’s website. By using the Services, you confirm that you have read the applicable privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information related to your access to and use of the Services in order to provide and improve the Services. Information submitted through the Services is shared with Shopify and may also be shared with third parties located in countries other than your own for the purpose of providing services to you. Please review our Privacy policy [LINK] for more information on how we, Shopify and our partners use your personal information.
Article 11 - feedback
If you submit, upload, post, email or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including commercial use. We may use this licence to operate, provide, evaluate, improve and promote the Services and to perform our obligations and enforce our rights under these Terms.
You further represent and warrant that: (i) you own all Feedback or have all necessary rights to it; (ii) you have disclosed any compensation or incentives received in connection with submitting Feedback; and (iii) your Feedback complies with these Terms. We are under no obligation to keep Feedback confidential, to pay compensation for Feedback, or to respond to Feedback.
We may, but are not obligated to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, abusive, pornographic, obscene or otherwise objectionable, or that violates intellectual property rights or these Terms.
You agree that your Feedback will not violate any third-party rights, including copyright, trademark, privacy or other personal or proprietary rights, and will not contain unlawful, abusive or obscene material, or viruses or malware that could affect the operation of the Services. You may not use a false email address, impersonate another person or mislead us or third parties as to the origin of Feedback. You are solely responsible for the accuracy of your Feedback. We assume no liability for Feedback posted by you or any third party.
Article 12 - errors, inaccuracies and omissions
Occasionally, information on or within the Services may contain typographical errors, inaccuracies or omissions related to product descriptions, pricing, promotions, offers, shipping charges, transit times or availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information is inaccurate, at any time and without prior notice, including after an order has been submitted.
Article 13 - prohibited use
You may use the Services only for lawful purposes. You may not use the Services, directly or indirectly: (a) for unlawful or harmful activities; (b) to violate any international, national, federal, provincial or local laws or regulations; (c) to infringe our intellectual property rights or those of others; (d) to harass, abuse, insult, harm, defame, disparage or intimidate any person; (e) to submit false or misleading information; (f) to knowingly submit or use material that does not comply with these Terms; (g) to send or facilitate the sending of advertising or promotional material, including spam; (h) to impersonate another person or entity; or (i) to interfere with or circumvent the security features of the Services or restrict the use of the Services by others.
You further agree not to: (a) upload or transmit viruses or malicious code; (b) reproduce, duplicate, copy, sell or exploit any portion of the Services; (c) collect or track personal information of others; (d) engage in spam, phishing, crawling or scraping; or (e) interfere with or bypass security features of the Services or related websites. We reserve the right to suspend or terminate your account at any time without notice if we determine that you have violated these Terms.
Article 14 - termination
We may terminate this agreement or your access to the Services, in whole or in part, at any time without notice at our sole discretion. You remain liable for all amounts due up to the date of termination.
The following provisions shall survive termination: intellectual property, feedback, termination, disclaimer of warranties, limitation of liability, indemnification, severability, waiver, entire agreement, assignment, governing law, privacy policy and any other provisions that by their nature should survive termination.
Article 15 - disclaimer of warranties
Information provided through the Services is for general informational purposes only. We make no representations as to its accuracy, completeness or usefulness. Any reliance you place on such information is strictly at your own risk.
Unless expressly stated by JO Macarons, the Services and all products offered through the Services are provided “as is” and “as available”, without warranties, representations or conditions of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, durability, title and non-infringement. We do not guarantee that use of the Services will be uninterrupted, timely, secure or error-free. Some jurisdictions do not allow limitations on implied warranties, so the above disclaimer may not apply to you.
Article 16 - limitation of liability
To the fullest extent permitted by law, JO Macarons, our partners, directors, officers, employees, affiliates, agents, contractors, service providers and licensors, and Shopify and its affiliates, shall not be liable for any injury, loss, claim or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including but not limited to lost profits, lost revenue, lost savings, data loss or replacement costs, arising from your use of the Services or products purchased through the Services, whether based in contract, tort, strict liability or otherwise, even if advised of the possibility of such damages.
Article 17 - indemnification
You agree to indemnify, defend and hold harmless JO Macarons, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any claims, damages or expenses, including reasonable legal fees, arising from or related to: (1) your breach of these Terms; (2) your violation of any law or third-party rights; or (3) your use of the Services.
Article 18 - severability
If any provision of these Terms is found to be unlawful, void or unenforceable, such provision shall nevertheless be enforceable to the extent permitted by law, and the unenforceable portion shall be deemed severed without affecting the validity of the remaining provisions.
Article 19 - waiver; entire agreement
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms and any policies posted on this site constitute the entire agreement between you and us and supersede any prior agreements or communications. Any ambiguities shall not be construed against the drafting party.
Article 20 - assignment
You may not assign or transfer these Terms or your rights or obligations without our prior written consent. Any attempted assignment shall be void. We may assign or transfer these Terms without restriction.
Article 21 - governing law
These Terms and any separate agreements under which we provide Services shall be governed by and construed in accordance with the laws and courts of the jurisdiction in which JO Macarons has its principal place of business. You consent to the personal jurisdiction of such courts.
Article 22 - headings
Headings are for convenience only and do not affect the interpretation of these Terms.
Article 23 - changes to the terms of service
You can review the most current version of the Terms of service at any time on this page. We reserve the right to update or replace any part of these Terms by posting updates on our website. It is your responsibility to check for changes. Continued use of the Services after changes constitutes acceptance of those changes.
Article 24 - contact information
Questions about the Terms of service should be sent to: info@jomacarons.nl
JO Macarons
info@jomacarons.nl
Waterwijk 61, 5658RB Eindhoven
+31 6 34927676
Chamber of Commerce: 99570653
VAT number: NL005396241B58