Terms of service

1.1 Acceptance of Terms

By accessing, browsing, or using jomedesign.store (the “Website”) or any of our services (e.g., placing orders, using customer service), you (“User”) acknowledge that you have read, understood, and agreed to be bound by these Terms of Service (“Terms”), as well as our Privacy Policy and any other rules or policies posted on the Website (collectively, “Agreements”).

If you are using the Website on behalf of a business (e.g., purchasing products for resale), you represent that you have the authority to bind the business to these Terms, and “User” shall refer to the business.

If you do not agree to any part of the Agreements, you may not access or use the Website or our services.

1.2 Eligibility to Use Our Services

To use our services, you must meet the following requirements:

You are at least 18 years old (or have obtained the written consent of a parent or legal guardian if you are a minor, and the guardian agrees to be bound by these Terms on your behalf).
You have the legal capacity to enter into a binding contract (e.g., you are not under a legal disability that prevents you from entering into agreements).
You are not prohibited by law from using our services (e.g., due to past fraud or violations of consumer protection laws).

We reserve the right to verify your eligibility (e.g., requesting proof of age) and to terminate your access to services if we discover you do not meet these requirements.

1.3 User Accounts

1.3.1 Account Creation

To place orders or access personalized features (e.g., saved addresses, order history), you must create an account. When creating an account, you agree to:

Provide true, accurate, and complete information (e.g., name, email address, phone number).
Update your account information promptly if it changes (e.g., new shipping address, changed phone number).
Choose a strong password (at least 8 characters, including letters, numbers, and symbols) and keep it confidential.

We are not liable for any losses caused by your failure to provide accurate information or protect your password.

1.3.2 Account Responsibility

You are solely responsible for all activities conducted under your account, including:

Placing orders (you agree to pay for all orders placed under your account).
Protecting your account from unauthorized access (e.g., do not share your password with others).

If you suspect unauthorized use of your account (e.g., unknown orders, changed password), you must notify us immediately at support@jomedesign.store. We will investigate and take action (e.g., locking your account) as soon as possible, but we are not liable for losses incurred before you notify us.

1.3.3 Account Termination

We may suspend or terminate your account at any time, without prior notice, if:

You violate these Terms or our Privacy Policy.
Your account is inactive for 12 consecutive months (we will notify you via email 30 days before termination to give you time to reactivate).
We suspect fraud or misuse of your account (e.g., multiple failed payment attempts, orders to high-risk addresses).

Upon termination, you lose access to your account, and we may retain your account information for legal or accounting purposes (as required by law).

2.4 Order Placement & Fulfillment

2.4.1 Order Process

When you place an order on the Website, the process works as follows:

Order Submission: You select products, enter shipping/payment details, and submit your order. This constitutes an “offer” to purchase the selected products.
Order Confirmation: We send you an email confirming we have received your order (this is not an acceptance of your offer).
Order Acceptance: We accept your offer only after we verify inventory availability, confirm payment, and send a “shipping confirmation” email. At this point, a binding contract is formed between you and us.

We reserve the right to reject your order for any reason, including:

Product is out of stock (we will notify you and issue a full refund within 3 business days).
Pricing or product details are incorrect (e.g., a typo in the product price).
We suspect fraud (e.g., stolen payment information, fake shipping address).

2.4.2 Pricing & Payment

Pricing: All product prices are displayed in [Insert Currency, e.g., USD] and include applicable taxes (unless stated otherwise). Prices are subject to change without notice, but we will honor the price displayed at the time you submit your order (unless the price is incorrect).
Payment Methods: We accept the following payment methods: credit/debit cards (Visa, Mastercard, American Express), PayPal, Apple Pay, and Google Pay. You agree to provide valid, up-to-date payment information.
Payment Authorization: When you submit your order, we authorize your payment method for the full order amount to ensure funds are available. We charge your payment method only after we accept your order and ship the products.
Payment Issues: If your payment is declined (e.g., insufficient funds, expired card), we will notify you via email. You must resolve the issue within 48 hours; otherwise, we may cancel your order.

2.5 Intellectual Property Rights

All content on the Website—including text, images, logos, trademarks (e.g., “jomedesign”), product designs, videos, and software—is owned by us or our licensors and protected by U.S. and international intellectual property laws (e.g., copyright, trademark law).

You are granted a limited, non-exclusive, non-transferable license to access and use the Website for personal, non-commercial purposes (e.g., browsing products, placing orders). You may not:

Copy, reproduce, modify, or distribute any content without our prior written permission.
Use our trademarks or logos (e.g., “jomedesign”) in any way that implies affiliation with or endorsement by us (e.g., creating a fake social media account using our logo).
Scrape or crawl the Website for data (e.g., using automated tools to collect product prices) without our written consent.

Violation of these intellectual property rights may result in legal action and termination of your access to the Website.

2.6 Prohibited Uses of the Website

You agree not to use the Website for any illegal, harmful, or abusive purpose, including:

Uploading or transmitting viruses, malware, or other harmful software that could damage the Website or other users’ devices.
Engaging in fraud (e.g., placing orders with stolen payment information, creating fake accounts to obtain discounts).
Harassing or threatening our employees or other users (e.g., sending abusive messages to customer service).
Interfering with the Website’s operation (e.g., launching a DDoS attack, overloading the server with excessive requests).
Violating any applicable laws (e.g., exporting products to restricted countries, selling counterfeit products using our Website).

We may monitor your use of the Website to detect prohibited activities and may disclose your information to law enforcement if we suspect illegal activity.

2.7 Limitation of Liability

2.7.1 Disclaimer of Warranties

The Website and our services are provided on an “as is” and “as available” basis. We make no express or implied warranties, including:

Merchantability: We do not warrant that products will be fit for their intended use (e.g., a sweater will not shrink) beyond the product description.
Fitness for a Particular Purpose: We do not warrant that products will meet your specific needs (e.g., a dress will fit your body type).
Non-Infringement: We do not warrant that the Website or products will not infringe on third-party intellectual property rights.

We also do not warrant that the Website will be free of errors, interruptions, or downtime, or that user data will be 100% secure.

2.7.2 Limitation of Damages

To the maximum extent permitted by law, we shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising from your use of the Website or our services, including:

Loss of profits (e.g., you cannot resell a product due to a delay).
Loss of data (e.g., order history is lost due to a technical error).
Damage to your device (e.g., a virus from the Website).
Emotional distress (e.g., frustration from a delayed order).

Our total liability for any claim arising from these Terms shall not exceed the total amount you paid for the product or service in question (e.g., if you paid $50 for a sweater, our liability is limited to $50).

2.7.3 Exceptions

The above limitations do not apply to:

Damages caused by our intentional misconduct or gross negligence (e.g., we knowingly ship a defective product that causes injury).
Personal injury or property damage caused by our products (e.g., a faulty zipper causes a cut).
Damages that cannot be excluded by applicable law (e.g., consumer protection laws in your state).

2.8 Governing Law & Dispute Resolution

2.8.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of New York, United States, without regard to its conflict of laws principles.

2.8.2 Dispute Resolution

Before filing a lawsuit, you agree to attempt to resolve any dispute with us through informal negotiation:

Contact us at support@jomedesign.store with a detailed description of the dispute (e.g., “order #12345 was never delivered”).
We will respond within 5 business days and work with you to find a resolution (e.g., reshipping the order, issuing a refund).

If negotiation fails, you may file a lawsuit in the state or federal courts located in New York County, New York, and you agree to submit to the personal jurisdiction of those courts.

For users in the European Union, you may also submit disputes to the European Online Dispute Resolution (ODR) platform (https://ec.europa.eu/odr) if you are a consumer.

2.9 Miscellaneous Provisions

2.9.1 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court, the remaining provisions shall remain in full force and effect.

2.9.2 Entire Agreement

These Terms, together with our Privacy Policy and any other policies posted on the Website, constitute the entire agreement between you and us regarding your use of the Website. They supersede any prior oral or written agreements (e.g., a previous version of these Terms).

2.9.3 Assignment

We may assign our rights and obligations under these Terms to a third party (e.g., in the event of a merger). You may not assign your rights or obligations to any third party without our prior written consent.

2.9.4 Notices

All notices from us to you (e.g., order confirmations, policy updates) will be sent to the email address associated with your account or posted on the Website. Notices are deemed received when sent (for emails) or posted (for Website notices).

2.10 Contact Us

For questions about these Terms of Service, please contact us:

Email: support@jomedesign.store