TERMS & CONDITIONS
Introduction and Acceptance of the Terms and Conditions
The general Terms and Conditions of Sale detailed below govern the contractual relationship between the ‘User’ (hereafter also referred to as ‘You’ or the ‘Customer’) and ‘Tojarcom’ (hereafter also referred to as ‘We’, or the ‘Site’), belonging to TOJARCOM . Both parties accept these Conditions unreservedly. These general Conditions of Sale are the only conditions that are applicable and replace all other conditions, except in the case of express written, prior dispensation. We maintain that, by confirming your order, you have read and do unreservedly accept our general Conditions of Sale. These Terms and Conditions of Sale are important to you and to the Company as they are used to protect your rights as a valued customer and our rights as a business.
Welcome to Tojarcom.com (the “Site”). This Site is maintained and operated by TOJARCOM (“Tojarcom” or “Company”).
BY ACCESSING OR USING ANY PART OF THE SITE, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THESE TERMS. IF YOU DO NOT AGREE WITH ALL OF THE TERMS SET FORTH BELOW, YOU MAY NOT USE ANY PORTION OF THE SITE. PRICE INFORMATION FOUND ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. TOJARCOM RESERVES THE RIGHT TO CHANGE THESE TERMS & CONDITIONS OF USE AT ANY TIME WITHOUT NOTICE.
We grant you a personal, limited, non-transferable non-exclusive, license to access and use the Site. We reserve the right, in our sole discretion and without notice to you, to revise the products and services available on the Site and to change, suspend or discontinue any aspect of the Site and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. Your continued use of the Site will constitute your acceptance of any such changes.
- Use of the Site
You may use the Site only for your own noncommercial personal use and in compliance with these Terms. You are responsible for your own communications, including the transmission, uploading or posting of information and are responsible for the consequences of such communications to the Site. Any other use of the Site requires the prior written consent of Tojarcom. You may not otherwise copy, modify, or distribute the contents of this Site without the express written permission of Tojarcom. You may not modify, publish, transmit, participate in the transfer or sell, create derivative works from, or in any way exploit any of the content, in whole or in part, found on the Site.
We require all Site Visitors to agree not to use the Site, and specifically prohibit any use of the Site, for any of the following purposes:
- Posting, communicating or transmitting any material that infringes on any intellectual property, publicity or privacy right of another person or entity
- Posting any information which is untrue, inaccurate or not your own
- Engaging in conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law or regulation
- Attempting to interfere in any way with the Site’s or Tojarcom’s network security, or attempting to use the Site’s service to gain unauthorized access to any other computer system
You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Site. Further, you may not use any such automated means to manipulate the Site, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Site or any other user's use of the Site, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing” the Site, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms. You may not frame portions of the Site within another web site. You may not resell use of, or access to, the Site to any third party without our prior written consent.
- Registration and Passwords
- Additional Terms and Conditions
You agree that additional terms and conditions may apply to specific products, orders or your use of certain portions of the Site, including with respect to ordering, shipping and return policies and review guidelines, which Additional Terms are made part of these Terms by reference. If there is a conflict between these Terms and the Additional Terms, the Additional Terms shall control.
- Product Information; Limitation on Quantities
Excluding any content which may be submitted by Site users from time to time, we strive to ensure that the information on the Site is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies which we may correct without liability. We also reserve the right to limit quantities purchased by users and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted and/or acknowledged). We do not guarantee that all products described on our Site will be available.
- Proprietary Rights
You acknowledge and agree that the content (other than content that may be submitted by users), materials, text, images, videos, graphics, trademarks, logos, button icons, music, software and other elements available on the Site are the property of Tojarcom or our licensors and are protected by copyright, trademark and/or other proprietary rights and laws. You agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create derivative works from any content or materials on the Site. Tojarcom and the Tojarcom logo are registered trademarks, and it is a trademark, of Tojarcom. All other trademarks are the property of their respective owners. All of our Site's content is Copyright 2016 Tojarcom . All rights reserved. Except as expressly set forth in these Terms, no license is granted to you and no rights are conveyed by virtue of accessing or using the Site. All rights not granted under these Terms are reserved by Tojarcom.
- Submitted Content
By submitting or posting any materials or content on the Site, you grant Tojarcom a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant Tojarcom the license specified above. You further represent, warrant and covenant that any materials you provide will not contain libelous or otherwise unlawful, abusive or obscene material. Tojarcom will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or compensation to you.
You assume all responsibility and risk with respect to your use of the Site. THE SITE, AND ALL CONTENT, MERCHANDISE, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THIS SITE OR A “LINKED” SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY. SPECIFICALLY, BUT WITHOUT LIMITATION, TOJARCOM DOES NOT WARRANT THAT: (1) THE INFORMATION ON THIS SITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Tojarcom makes no warranties of any kind regarding any non-Tojarcom sites to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and Tojarcom makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-Tojarcom sites. Tojarcom does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site.
Customer will be informed of the total price of his/her order prior to payment including shipping, taxes and other expenses. However, the customer may be required to provide a copy of the personal identity if required by the official authorities to clear one of the ordered products which are subject to the laws and procedures in force in the end customer’s country of residence.
- Free Local Delivery
Tojarcom provides free local delivery for any item purchased through the website: tojarcom.com or through any of its associated sales points in Amman governorate. However, 3 JOD fee is added for any order value less than 70 JOD and to be delivered outside Amman district. Additionally, 3 JOD is added for the 2nd delivery attempt or after within Amman district and 6 JOD for the 2nd delivery attempt or after outside Amman district.
The total amount due can be paid by the customer thorough either cash on delivery (COD), PayPal or Credit Card (Visa or Master Card), bank or wire transfer. Yet, if the value of the customer’s total purchases exceeding 70 JOD per one order, 50% of the total value has to be paid up front. Moreover, for first time customers, 50% of the total value of the order to be paid upfront regardless of the order value. Customers can pay their due sums through our cash collectors, PayPal, Credit Card, wire or bank transfer. Once the sum is received, the order will be processed and finalized.
- Shipping & Delivery Time
As all of our products are authentic and provided by reliable suppliers from the U.S.A and Europe, they are shipped internationally by reliable international couriers and delivered domestically by Tojarcom and other delivery services contracted by our Company. Delivery time is calculated from the moment the order is confirmed until it is delivered to the address provided by the customer, which is estimated to take between 7-14 business days (excluding Fridays and Saturdays). Tojarcom promises its esteemed and valuable customers to fulfill their orders and deliver them as soon as possible. However, Tojarcom cannot guarantee and, therefore, not liable any delay that may occur due to circumstances out of its control including but not limited to delays caused by suppliers, third party couriers, weather conditions, or customs procedures.
- Limitation of Liability
IN NO EVENT SHALL TOJARCOM, ITS OWNERS, SUBSIDIARIES, AFFLIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF TOJARCOM HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL THE TOTAL LIABILITY OF TOJARCOM, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT YOU PAID TO TOJARCOM IN CONNECTION WITH THE EVENT GIVING RISE TO SUCH LIABILITY. You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Site.
- International Use
Tojarcom website is hosted outside the Hashemite Kingdom of Jordan, but it can be accessed through the internet inside Jordan. Yet, we make no representation that materials on the Site are appropriate or available for use outside the Hashemite Kingdom of Jordan. If you choose to access this Site from outside the Hashemite Kingdom of Jordan, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
- Risk of Loss
Any merchandise purchased through the website or its associated services will be delivered by Tojarcom or a third party carrier. In either case, title and risk of loss for such merchandise will pass to you upon final delivery of said merchandise. However, Tojarcom will be responsible for any damage or loss inflected on the merchandise during the shipping or delivery process of the merchandise, whereby customer will be offered either refund, return or discount as a compensation for the damage.
- Copyright Infringement; Notice and Take Down Procedures
Tojarcom specifically prohibits the posting of any content that violates or infringes the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on this Site infringes your copyright or other intellectual property rights, you should notify us of your copyright infringement claim in accordance with the following procedure. Tojarcom will process notices of alleged infringement which it receives and will take appropriate action as required by the laws of the Hashemite Kingdom of Jordan. Notifications of claimed copyright infringement should be sent to the following address:
Amman - Jordan
P.O.Box 141929, Amman 11181, Jordan.
To be effective, the notification must be in writing and contain the following information:
- Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
To contact us with any questions or concerns in connection with these Terms or the Site, or to provide any notice under these Terms, please contact us.
If any part of these Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.
- Waiver; Remedies
The failure of Tojarcom to partially or fully exercise any rights or the waiver of Tojarcom of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right by Tojarcom or be deemed a waiver by Tojarcom of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of Tojarcom under these Terms and any other applicable agreement between you and Tojarcom shall be cumulative, and the exercise of any such right or remedy shall not limit Tojarcom’s right to exercise any other right or remedy.
- Governing Law
The laws of the Hashemite Kingdom of Jordan shall govern these Terms. YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN THE HASHEMITE KINGDOM OF JORDAN FOR ALL MATTERS ARISING IN CONNECTION WITH THESE TERMS AND CONDITIONS OR YOUR ACCESS OR USE OF THE SITE.
- Feedback & Comments
Any opinion made on the Website by customers are screened and moderated by Tojarcom. If the comments infringe on the law or are inappropriate (abusive publicity, defamation, insults, out of context commentary…etc.), Tojarcom reserves the right to refuse or modify it.
TOJARCOM is a work in progress, and as such things may change, be added or be taken away. We reserve all the right to update the Website and these Terms of Service from time to time, at our discretion and without any notice. It is solely your responsibility to keep up-to-date with the latest Terms and Conditions by checking back regularly. Your continued use of the Website following the publishing of updated Terms of Service will be taken to mean that you have read and agree to the changes.
Questions: Should you have any questions regarding these Terms you may contact us at support@Tojarcom.com.