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INTELLECTUAL PROPERTY RIGHT
This website was created using an open-source solution.
All graphic elements, the structure and content of the site are protected by copyright.
Reproduction of a page of the site representation in an outdoor setting where to insert a page belonging to the page from another site is prohibited and constitutes an infringement punishable.
Texts, graphics, drawings, logos and photos which are posted on may be a reproduction on paper or in electronic form, subject to name and address of wwww. jamaicanstone.org and not to make any commercial use.
Non-compliance with the above may constitute an infringement involving civil or criminal liability of the perpetrator of the infringement.
TERMS OF SALE
To meet the provisions of the Law French on Confidence in the Digital Economy of 21 June 2004, are set out below the terms and conditions required to enable the identification of the publisher of this website.
This site is free and open to all internet access. It is a site selling goods online appointed Jamaican Stone.
Acceptance of Terms
Subscribing to a contract governed by these terms and conditions with the publisher of this site implies acceptance by the user of the general terms of sale. The acceptance of these terms implies the users they have the necessary legal capacity for that.
1. Commodity prices, taxes and shipping costs
The prices indicated on the website are heard in U.S. Dollars or Euro and include all taxes and delivery charges. These prices can be changed at any time by the publisher, the prices are only valid on the day of the order and can not wear effect for the future.
Delivery fees will, in any event, given the user before any payment.
In case of delivery outside the European Union and Dom-Tom, the user is informed that customs duties and other taxes will eventually be due. Necessary formalities and the payment of such duties and taxes are the responsibility of the publisher and will in any case be borne by the user. It is incumbent on the latter to check all these data and import product options from the relevant authorities of the country of delivery, before ordering on the site.
Products sold remain the property of the seller until full payment of the price.
The risks are still transferred to the buyer after delivery of the parcel to the sending mail body.
2. Concerning payment information
Payments by credit card on that site are made via secure transactions provided by the service: Paypal.
In the context of credit card payments, the publisher of this site has no access to data relating to payment of the user. Payment is made directly into the hands of the bank.
Delivery times specified in the article below will begin to run until the date of actual receipt of payment by the seller, the seller can prove it by any means.
3. Delivery where provision
Orders are delivered by the Post Office where all Standard Mail carrier designated by the publisher within 14 business days from receipt of the perfect price equal to the consideration, by the seller days.
Some order volumes may justify a higher delivery delay.
4. Exemption from liability of the publisher
The editor of this site in no way be held responsible for misuse of products, poor maintenance products, accidental damage or misuse of the products. Moreover, there is no need to use the information contained on our website for diagnosing or treating a health problem or any disease or in order to prescribe medication or to use them for thérapeutic. Similarly, information and products on this site are purely illustrative and are not intended to replace the advice provided by your doctor which other health professionals. If you have or suspect that you have a medical problem, contact your doctor immediately. Information and statements regarding our products have not been evaluated by the National Security Agency of Medicament and are not intended to diagnose, treat, cure or prevent any disease.
5. Statements relating to the Data Protection
a) The user has the option of providing free personal information concerning him. Providing personal information is not necessary for navigating the site. However, the possible inclusion on this site involves the collection, by the publisher of a number of personal information about the user.
b) Right of access, rectification and opposition
The user has the right to oppose, access and rectification of data provided.
For this, it is sufficient to make a request to the following email address:
c) Orders placed on our site have the effect of accepting our customers to receive promotional offers from our site by email.
d) Apart from paid cases, we do not collect personal data from our site for advertising or commercial purposes.
e) The cookies on our site are those of our internet host. They concern only the following anonymous data: the IP address of the visitors, the country of connection of the visitor, the connection time of the visitor.
6. General Provisions and applicable law
a) Modification of Terms
These terms and conditions may be modified at any time by the site editor.
b) Governing Law and Jurisdiction
These terms and conditions are subject to the application of French law and the exclusive jurisdiction of French courts. Similarly, this website may be translated in various languages to facilitate the navigation of non-speaking users who would like to order on the site.
c) Amicable settlement of disputes
Unless public policy, all disputes which may arise in connection with the execution of these terms before any legal action may be subject to the discretion of the publisher's site for a settlement.
7. Force Majeure
:Force Majeure of any kind, unforeseeable production, traffic or shipping disturbances, war, acts of terrorism, fire, floods, unforeseeable shortages of labor, utilities or raw materials and supplies, strikes, lockouts, acts of government, and any other hindrances beyond the control of the party obliged to perform which diminish, delay or prevent production, shipment, acceptance or use of the goods, or make it an unreasonable proposition, shall relieve the party from its obligation to supply or take delivery, as the case may be, as long as and to the extent that the hindrance prevails. If, as a result of the hindrance, supply and/or acceptance is delayed by more than eight weeks, either party shall have the right to cancel the contract. Should the Seller’s suppliers fail to supply him in whole or in part , the Seller shall not be under obligation to purchase from other sources. In such cases, the Seller shall have the right to distribute the available quantities among his customers while at the same time taking into account his captive requirements.
8. Delivery, Risk, and Title
Unless otherwise expressly stated in the Contract, the Goods will be delivered Ex Works to the destination named in the Contract. Risk of loss of or damage to the Goods shall pass to Buyer upon delivery as aforesaid and Buyer shall be responsible for insurance of the Goods after risk has so passed. Delivery terms used in the Contract shall be defined in accordance with the latest version of Incoterms.7.2 Title to the Goods shall pass to Buyer upon delivery in accordance with Clause 22.214.171.124 Claims for shortfalls in quantity or for incorrect delivery shall be void if made more than 14 days after receipt by the customer.
9. Defect after delivery:
Seller warrants (i) subject to the other provisions of the Contract, good title to and the unencumbered use of the Goods; (ii) that Goods manufactured by Seller and/or Seller’s Affiliates shall conform with Seller's specifications therefore and be free of defects in materials and workmanship. Seller will make good by the supply of a replacement part or parts, any defects which, under proper use, care and maintenance, appear in Goods of Seller’s Affiliates' manufacture and which are reported to Seller within 12 calendar months after their delivery (the "Warranty Period") and which arise solely from faulty materials or workmanship: provided always that defective items are returned to Seller at Buyer’s cost carriage and insurance prepaid within the Warranty Period. Repaired or replacement items will be delivered by Seller at Seller’s cost to Buyer. Goods replaced in accordance with this Clause 10.1 shall be subject to the foregoing warranty for the unexpired portion of the Warranty Period or for ninety days from the date of their return to Buyer (or completion of correction in the case of Services), whichever expires the later.8.2 Notwithstanding Clause 8.1, Seller shall not be liable for any defects caused by: fair wear and tear; materials or workmanship made, furnished or specified by Buyer; non-compliance with Seller's storage, installation, operation or environmental requirements; lack of proper maintenance; any modification or repair not previously authorized by Seller in writing. Seller's costs incurred in investigating and rectifying such defects shall be paid by Buyer upon demand. Buyer shall at all times remain solely responsible for the adequacy and accuracy of all information supplied by it.8.3 Subject to Clause 10.1, the foregoing constitutes Seller's sole warranty and Buyer's exclusive remedy for breach thereof. No representations, warranties or conditions of any kind, express or implied, shall apply as to satisfactory quality, merchantability, fitness for any particular purpose or any other matter with respect to any of the Goods.
10. Patent, etc. Infringement
Subject to the limitations set forth in Clause 10, Seller shall indemnify Buyer in the event of any claim for infringement of Letters Patent, Registered Design, Design Right, Trade Mark or Copyright ("Intellectual Property Rights") existing at the date of formation of the Contract arising from the use or sale of the Goods, against all reasonable costs and damages awarded against Buyer in any action for such infringement, or for which Buyer may become liable in any such action, provided always that Seller shall not be liable to so indemnify Buyer in the event that:(i) such infringement arises as a result of Seller having followed a design or instruction furnished or given by Buyer, or the Goods having been used in a manner or for a purpose or in a country not specified by or disclosed to Seller prior to the date of the Contract or in association or combination with any other equipment or software, or (ii) Seller has at its expense procured for Buyer the right to continue to use the Goods or has modified or replaced the Goods so that the Goods no longer infringe. (iii) Buyer has failed to give Seller the earliest possible notice in writing of any claim made or to be made or of any action threatened or brought against Buyer and/or Buyer has failed to permit Seller, at Seller's expense, to conduct and control any litigation that may ensue and all negotiations for a settlement of the claim, or (iv) Buyer has made without Seller's prior written consent any admission which is or may be prejudicial to Seller in respect of any such claim or action, or (v) the Goods have been modified without Seller's prior written authorization.9.2 Buyer warrants that any design or instructions furnished or given by it shall not cause Seller to infringe any Intellectual Property Rights in the performance of Seller's obligations under the Contract and shall indemnify Seller against all reasonable costs and damages which Seller may incur as a result of any breach of such warranty.
11. Limitation of liabiliy:
Supplier'smaximum aggregate liability for any and all losses, liabilities, expenses (including legal expenses), damages, claims or actions incurred under or in connection with a specific order or a particular blanket order (CALL-OFF order) issued, arising in or by virtue of breach of contract, tort (including negligence), misrepresentation, breach of statutory duty, strict liability, infringement of intellectual property rights or otherwise, shall in no circumstances exceed a sum equal to the total price of the Call -Off in question.
12. Statutory and other regulations
If Seller's obligations under the Contract shall be increased or reduced by reason of the making or amendment after the date of Seller's quotation of any law or any order, regulation or bye-law having the force of law that shall affect the performance of Seller's obligations under the Contract, the Contract Price and delivery period shall be adjusted accordingly and/or performance of the Contract suspended or terminated, as appropriate.
13. Compliance with law
Buyeragrees that all applicable import, export control and sanctions laws, regulations, orders and requirements, as they may be amended from time to time, including without limitation those of the United States, the European Union and the jurisdictions in which Seller and Buyer are established or from which items may be supplied, and the requirements of any licenses, authorizations, general licenses or license exceptions relating thereto will apply to its receipt and use of goods. In no event shall Buyer use, transfer, release, export or re -export any such goods in violation of such applicable laws, regulations, orders or requirements or the requirements of any licenses, authorizations or license exceptions relating thereto. Buyer agrees furthermore that it shall not engage in any activity that would expose the Seller to a risk of penalties under laws and regulations of any relevant jurisdiction prohibiting improper payments, including but not limited to bribes, to officials of any government or of any agency, instrumentality or political subdivision thereof, to political parties or political party officials or candidates for public office, or to any employee of any customer or supplier. Buyer agrees to comply with all appropriate legal, ethical and compliance requirements
14. Default, insolvency
This site was created in 2013.
The head office is located in Dublin (Ireland) and we deliver worldwide.
We also remain available every day to answer your questions before and after purchase by email.
We also invite you to visit our terms and conditions for details of the website and the services offered.
Sellershall be entitled, without prejudice to any other rights it may have, to cancel the Contract forthwith, wholly or partly, by notice in writing to Buyer, if (a) Buyer is in default of any of its obligations under the Contract and fails, within 30 (thirty) days of the date of Seller's notification in writing of the existence of the default, either to rectify such default if it is reasonably capable of being rectified within such period or, if the default is not reasonably capable of being rectified within such period, to take action to remedy the default or (b) on the occurrence of an Insolvency Event in relation to Buyer. "Insolvency Event" in relation to Buyer means any of the following: (i) a meeting of creditors of Buyer being held or an arrangement or composition with or for the benefit of its creditors being proposed by or in relation to Buyer; (ii) a chargeholder, receiver, administrative receiver or similar person taking possession of or being appointed over or any distress, execution or other process being levied or enforced (and not being discharged within seven days) on the whole or a material part of the assets of Buyer; (iii) Buyer ceasing to carry on business or being unable to pay its debts; (iv) Buyer or its directors or the holder of a qualifying floating charge giving notice of their intention to appoint, or making an application to the court for the appointment of , an administrator; (v) a petition being presented (and not being discharged within 28 days) or a resolution being passed or an order being made for the administration or the winding-up, bankruptcy or dissolution of Buyer; or (vi) the happening in relation to Buyer of an event analogous to any of the above in any jurisdiction in which it is incorporated or resident or in which it carries on business or has assets. Seller shall be entitled to recover from Buyer or Buyer's representative all costs and damages incurred by Seller as a result of such cancellation, including a reasonable allowance for overheads and profit (including but not limited to loss of prospective profits and overheads).
No waiver by either party with respect to any breach or default or of any right or remedy and no course of dealing, shall be deemed to constitute a continuing waiver of any other breach or default or of any other right or remedy, unless such waiver be expressed in writing and signed by the party to be bound.14.2 If any clause, sub-clause or other provision of the Contract is invalid under any statute or rule of law, such provision, to that extent only, shall be deemed to be omitted without affecting the validity of the remainder of the Contract.14.3 Buyer shall not be entitled to assign its rights or obligations hereunder without the prior written consent of Seller.14.4 Seller enters into the Contract as principal. Buyer agrees to look only to Seller for due performance of the Contract.14.5 GOODS PROVIDED HEREUNDER ARE NOT SOLD OR INTENDED FOR USE IN ANY NUCLEAR OR NUCLEAR RELATED APPLICATIONS. Buyer (i) accepts Goods in accordance with the foregoing restriction, (ii) agrees to communicate such restriction in writing to any and all subsequent purchasers or users and (iii) agrees to defend, indemnify and hold harmless Seller from any and all claims, losses, liabilities, suits, judgments and damages, including incidental and consequential damages, arising from use of Goods in any nuclear or nuclear related applications, whether the cause of action be based in tort, contract or otherwise, including allegations that the Seller's liability is based on negligence or strict liability.14.6 The Contract shall in all respects be construed in accordance with the laws of Belgium excluding, however, any effect on such laws of the 1980 Vienna Convention on Contracts for the International Sale of Goods and to the fullest extent permitted by law, shall be without regard to any conflict of laws or rules which might apply the laws of any other jurisdiction. All disputes arising out of the Contract shall be subject to the exclusive jurisdiction of the Belgium courts.14.7 The headings to the Clauses and paragraphs of the Contract are for guidance only and shall not affect the interpretation thereof.14.8 All notices and claims in connection with the Contract must be in writing.