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Joom Terms of Use

1. General Provisions

These “Terms” is the contractual agreement between you and SIA “Joom”, where

“You” is an individual consumer using the Joom’s service to order products for personal use (“you”, “your”),

SIA “Joom” is a legal entity with registration number 40103993365 and registered address at 78-1, Gustava Zemgala St, LV-1039, Riga, Latvia (“Joom”, “we”, “us”, “our”).

This agreement governs your use of and access to:

The website https://www.joom.com and any other websites owned or operated by Joom or any portions thereof (collectively, the “Website”),

Our mobile app “Joom” (the “App”, together with the Website and any resources, features, functionality, or services made available through the Website and/or App also referred to as the “Site”),

Content of Website and/or App (the “Content”), and

Customer service in relation to the Content (including refunds).

If you do not agree to these or any future Terms, please do not use (or continue to use) the Site. At its sole discretion, Joom may also offer other services or features governed by different terms and conditions.

Please feel free to contact Joom Support via the “Support” section on the Website or through the chat in the App with any questions or concerns.

2. Joom’s Role in Transactions with You

Joom provides a platform for sellers who comply with Joom’s policies to offer and sell certain goods. Joom does not acts as a seller of goods offered on the Site. By making an order on the Site, you conclude an agreement for purchase directly with a seller, not with Joom. Any rights that you may have in respect of any product you purchased are only against sellers from whom you purchase the product and not against Joom.

Please note that Joom has no control over the quality, safety, morality, or legality of any aspect of products, the truth or accuracy of products and the ability of sellers to sell products – it is a seller who is ultimately responsible for any such aspects.

You can find the contact details of the seller from whom you purchased/want to purchase a product in a product card. The seller is solely responsible for the validity and accuracy of the contact details they show in product cards. In case you cannot contact the seller via such contact details please notify us via the “Support” section on the Website or through the chat in the App.

Joom acts as a commercial agent of sellers within the scope set in the agreement between them, including the powers and rights to negotiate and conclude transactions on behalf of sellers via the Site, set the final price for the products offered on the Site, and (at Joom’s sole discretion) assist sellers in the receipt and processing of buyer’s claims for refund and guarantee. Joom does not act as a commercial agent for you.

Joom does not provide payment services – it merely acts as an agent of sellers for purposes of receiving payments in favour of sellers, and paying the amounts owed to sellers with regards to transactions concluded by you and sellers on the Site. Joom is entitled to determine the payment services providers (“PSP”) that will take all necessary actions for payment, acceptance, acquiring, processing, and servicing of payments associated with transactions between sellers and you. Joom reserves the right to designate any number of PSPs.

You may have the right to request a chargeback. Chargeback as a rule means a reverse of the payment made by you in whole or in part, by the card issuer on your request or the request of an acquirer/other payment service provider according to the relevant payment scheme rules.

Joom is financially liable for chargebacks to sellers and for this purpose resolves chargeback-related disputes between customers (cardholders) and sellers. Due to this, chargebacks related to customers and associated with risks of fraud shall be investigated by Joom and payment service providers in accordance with their mutual contractual obligations.

Your payment obligation to a seller shall be deemed fulfilled from the moment of receipt of payment by Joom (or its PSP, as applicable). Joom (via its PSP, as applicable) is responsible then for remitting the funds to sellers as prescribed by the agreements between Joom, seller and PSP. If Joom (via its PSP) does not remit any such amounts to a seller, a seller will have recourse only against Joom (or its PSP, as applicable) and not you directly.

3. Termination

Joom has the right to terminate your use of the Site and/or your registration privileges for any reason without prior notification to you.

You also have the right to terminate these Terms by cancelling your registration on the Site.

4. Privacy

To learn about our practices regarding collection, use, disclosure, protection of data about you (often known as personal data) please refer to our Privacy Policy at https://joom.com/privacy.

5. Requirements for the information you post or display

You as a user agree that any information you post, or display shall:

Be true, accurate, complete, and lawful,

Not be false, misleading, or deceptive,

Not contain information that is defamatory, libellous, threatening or harassing, obscene, objectionable, offensive, sexually explicit, or harmful to minors,

Not contain information that is discriminatory or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age,

Not violate these Terms and privacy policy.

6. Your obligations

Being a user of the Site, you agree that you shall:

Use the Site in compliance with these Terms and the applicable law. This means that your activities on the Website or in the App shall not contradict the applicable laws and regulations.

Notify Joom before the order is completed in case you act as a business entity and not as a consumer. By default, we consider you to be a natural person and consumer, as the purpose and operation of the Site.

Provide correct and valid address for delivery purposes. We rely on such information, for example, to ensure that tax and duties are correctly calculated and applied. The address you identify as a delivery address shall be the place where you receive the product and where the dispatch of the product ends. By making an order on the Site, you confirm that address specified by you is full, valid, and correct.

Not to defraud any person or entity by using the Site (for example, by using stolen credit/debit cards),

Not misrepresent yourself or your affiliation with any person or entity (for example, by registering on the Site under a different person’s name or using someone’s else credentials).

Not practice spamming or phishing of any kind.

Not copy, reproduce, exploit or expropriate Content or Site and/or various proprietary components, directories, databases and listings thereof.

Not involve any computer viruses, other destructive devices, methods and technologies, including codes and botnets, that have the effect of damaging, interfering with, intercepting, or expropriating any software or hardware system, data, or personal information.

Not involve any scheme to undermine the integrity of the data, systems, or networks used by Joom and/or the Site or gain unauthorised access to such data, systems, or networks.

Not to access, use or attempt to copy, reproduce, exploit, or expropriate our API unless authorised by Joom for a specific purpose.

7. Age Verification

You are allowed to register on the Site if you are either 18 years of age or older, or you are 16 years of age, and you are registering with the permission and consent of your parents or legal custodian/guardian. Children under the age of 16 may not become a Joom user, and parents or legal guardians may not agree to these Terms on their behalf.

If you are a resident of a state, province, or country that imposes additional or different age requirements for the use of the Site or any part of it, by registering as a user you represent that your registration as a user, the provision of your personally identifiable information to us, and our use of such personally identifiable information as stated in our Privacy Policy, does not violate the applicable laws or regulations of such state, province or country. Please refer to the Privacy Policy to see the list of personally identifiable information.

8. Communication

In case consent is required under the law applicable to you, by accepting these Terms, you provide your consent us to contact you through email (if you share it with us), mobile phone (if you share it with us) and other ways through the Site, including push notifications.

We will send you notifications related to the use of the Site, security, or other Site-related issues and promotional messages. You may change your communication preferences at any time by adjusting your personal settings or by sending us your request via privacy@Joom.com. Please be aware that you cannot opt out of receiving service messages from us, including security and legal notices as such notices are not of marketing nature.

Joom has the right, but not the obligation, to monitor, decline, edit, or remove all or a portion of any postings, submissions or content in case it violates these Terms.

By using the Site or communicating with Joom or others by means of your access to the Site, you consent to receive communications from Joom, including emails, text, or messages in social networks, and other online, mobile, or conventional methods as exist now or may exist in the future. You also agree not to misuse the communication tools available to you by means of your access to the Site, including spamming, spoofing, sending unsolicited commercial or other messages, and otherwise sending content that violates these Terms.

9. Ownership

The Site and all its components and features, Content and all intellectual property rights included in or associated with it, including patents, copyrights, trademarks, service marks, logos, know-how are either owned by Joom or owned by the third parties and licensed to us. All rights, title, and interest in and to the listed above in this paragraph remains with us or our licensors. Additionally, you may not remove or alter any copyright, trademark, or other intellectual property or proprietary rights notice, or legend contained at the Website, App or in the Content.

You shall not access the Site by any means other than through the Site (i.e. the interface Joom provides via the Site).

Please do not use any part of the Joom’s intellectual property or content: your use of the Site or any party of it does not grant you any right, license, or permission of any kind to reproduce or use such Joom’s intellectual property and/or content.

10. Consequences of Your Feedback and Content Submissions

Joom welcomes your feedback via the email addresses indicated for specific purposes. However, if you send us, or post, or embed on Website, App or via any part of them

Any feedback, messages or comments,

Your creative or original concepts or ideas,

Any content, data, text, photographs, graphics, or other materials, or

Any confidential, proprietary or other information (a “Submission”),

you represent and warrant to Joom that you are either the owner of the Submission or have the right to grant Joom the license set out below.

You agree that by using all or part of a Submission, Joom shall not compensate you for any such license or Submission in addition to the provided possibility to use the Site, that any such Submission shall not be considered confidential or non-public once submitted to Joom, and that Joom alone is free to post or use all or any part of the Submission. If all or part of a Submission is posted or used via the Site, you agree that the Submission and its content become publicly available and can be used by others.

By providing a Submission to Joom via Website, App, or otherwise, you:

Agree not to make any Submission that violates in any way these Terms or includes Inappropriate content as defined below;

Automatically grant Joom a worldwide, unlimited, irrevocable, transferable, assignable, sub-licensable license to use the Submission and exercise all copyright, publicity, and other rights with respect to any such Submission for the duration of the copyrights, including any legal extension, for any reason whatsoever; and

Assume liability for any such use of the Submission via the Site, and indemnify and hold harmless Joom for any third party claims against Joom arising out of such use of the Submission.

You also grant each user of the Site a worldwide, non-exclusive license to access your Submission through the Site, and to use, reproduce, collect, distribute, share, display, and perform such Submission as permitted through the Site and under these Terms, for the duration of the copyrights, including any legal extension, for any reason whatsoever.

11. Inappropriate Content

Inappropriate content is not permitted on the Site. Inappropriate content includes, for example, firearms, alcohol, illegal drugs and drug paraphernalia, tobacco and tobacco products, adult or pornographic material, offensive material, and obscene material as well as any reference or mention of the listed objects. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy. Verbal or written abuse of any kind (including threats of abuse or retribution) of any Joom employee, officer, partner, or customer may result in immediate termination of your accounts.

The Site may include information and materials uploaded by other users of the Site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on the Site do not represent our views or values.

12. Linking and Third-Party Content

The Site may contain links to third-party websites not under our control or operation. Joom or users may provide any such links only as a convenience. Joom is not responsible for or have control over the contents of any linked site or any link contained in a linked site. The Website and/or App may contain news, advertisements, content, image, and information published by various third-party providers. Use of any such third-party content may be conditioned upon such third party’s terms and conditions. You are solely responsible for protecting yourself, your device, and your systems from worms, viruses, Trojan horses, and any other harmful content.

You may link to our home page, provided you do so in a way that is fair and 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, and you must not establish a link to our site on any website that is not owned by you. The website to which you are linking must comply in all respects with our content standards from time to time.

Our Site must not be framed on any other site, nor may you create a link to any part of our Site other than the home page. Otherwise, we reserve the right to withdraw linking permission without any notice at any time.

13. Copyright Infringement

If you believe that your copyrighted work is copied in a way that constitutes copyright infringement and is accessible on Joom, please notify Joom’s copyright agent at ipr@Joom.com. When filing your report, please provide the following information:

An electronic or physical signature of a person authorised to act on behalf of the copyright owner,

Identification of the copyrighted work that you claim has been infringed,

Identification of the material that is claimed to be infringing and where it is located on Joom,

Information reasonably sufficient to allow Joom to contact you, such as your address, telephone number, and e-mail address,

A statement that you have a good faith belief that the use of the material in the manner complained of is not authorised by the copyright owner, its agent, or law, and

A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorised to act on behalf of the owner.

14. Sales, Custom and Taxes (including VAT)

To comply with consumer legislation, we strongly encourage our sellers and users to maintain good standing with respect to custom and value-added taxes and duties.

Your purchases on the Site may be subject to specific sales, custom, or value-added taxes which will be applicable to your orders and shall be paid by you. When ordering via the Site you act as an importer of goods and must fully comply with all laws and regulations of the country to which you order products.

Prices displayed on the Site include applicable VAT and other taxes (if any applicable to the product and your contract for purchase of such product). Please note that VAT and other taxes amounts may be adjusted after you specify the full address. In any case such adjustment will be made before the payment stage, so you know the exact and full amount you shall pay for the order. In case there are shipping costs, they are also displayed on the Site. The total cost of the order is the price of the ordered products and the delivery costs (if any).

Additional costs such as custom taxes may be applicable to your orders and may be required to be paid at your own expense after the order is made. You will be responsible for paying all taxes associated with your activity in connection with the Site as applicable in your country of residence.

Different logistics providers, customs brokers and other third parties may be involved in the delivery of the ordered products to you and customs clearance activities.

By placing an order on the Site, you also agree that companies in charge of the delivery of the ordered products to you (including those listed above) will provide the customs clearance services in your name and on your behalf as required by custom authorities. Such entities shall be considered as duly authorized by you for the provision of any such activities required for the delivery of the products.

15. How to Purchase

It is easy to make a purchase from the Joom website.

Choose a product, pick a variant (colour, size, bundle option),

“Add to cart”,

Choose the quantity (the default quantity is 1),

“Buy”,

“Next”,

Input your personal data and shipping information,

Check the data and confirm your order.

Input payment card data: card number, expiration date, and CVV code (card data is encrypted and processed by the billing system of the bank).

Please note that we update the order making flow dynamically to make your experience on the Site better or to comply with changes in the legislation.

When making payment for product chosen by you on the Site, you shall use the necessary payment services of the designated payment service providers (PSP) to pay for the product. If you do not want to proceed with PSPs available, please leave the payment window and cancel your order.

Your payment may be processed through SIA Joom (Gustava Zemgala gatve 78-1, LV-1039, Riga, Latvia) or Joom USA Inc (701 Palomar Airport Rd Suite 300, Carlsbad, CA 92011) or Renderwison LTD (FLORINIS 7, GREG TOWER, 2ND FLOOR, 1065, NICOSIA, CYPRUS) or Cellar Door Limited (Suite 2B, 143 Main Street, GX11 1AA, Gibraltar).

Should you make further purchases on the Site, you agree to use the services of the same PSP or you can change PSP by choosing other method of payment within available ones.

The seller will receive your order information 2 hours after payment. If you change your mind within 2 hours of purchase, you can cancel the order at the bottom of the order page (see “How to Request a Refund” below), and it will be cancelled immediately. Note that this right is additional to the right of withdrawal, if applicable as specified in the below section.

It typically takes 1-2 days for a seller to ship your order, although the exact shipment and delivery times will vary depending on your location. However, if the seller does not dispatch the order within 10 calendar days from the date of your order, the order will be automatically cancelled, while the funds paid for the order by you will be refunded within 14 calendar days.

16. Refund Terms. Withdrawal right

You are entitled to a refund from the seller if:

The product has not been delivered within the timeframe indicated at the moment of the order for the reasons outside of your fault. For example, if you do not pick up the product delivered to the pick-up point specified in your order, this would not be qualified as non-delivery or successful exercise of the withdrawal right (if applicable). The mentioned period may be extended in specific cases - you will be notified about any such extension before your order is accepted.

Product quality is different from the one that was specified in the relevant product description on the Site and there is no way you can enjoy the product properly. For example, it may be the case if the information provided in its description turns out to be incorrect.

You decide to exercise your right for withdrawal (if provided by the applicable customer protection legislation).

Joom support team can help you and review the request for refund within a limited period of time as specified below.

How Joom processes requests for refunds related to the quality of products: Joom’s support team will review your claims related to the quality of products ordered on the Site that are made within 30 calendar days from the day when the relevant product has been received by you according to the tracking information available to Joom. In case the 30-day term is expired, or you do not agree with the decision of Joom, you shall contact the seller from whom you ordered the product. In some cases, you may be requested to provide additional evidence (such as a photo or a video of the product claimed to be defective) in order to ensure that you are entitled to a refund or other kinds of compensation by the seller or by Joom (in case any Joom’s compensation is offered to you additionally to those that are provided by law and which shall be ensured by the seller).

To whom to return the product: you should return the product to the seller. Please note that if the seller is located outside of the country to which the product was ordered by you, you might be required to ship the product to such another country where the seller is located. Return address is always available in the product card in the seller’s information section. Additionally, we would encourage you to contact Joom support team any time to confirm the return address.

The refund may be withheld until the seller collects the returned product or until you provide proof of dispatch of the product, whichever is the earlier.

Exceptions from the right of withdrawal:

You have no right to withdraw from the contract with the seller in case:

The product is made to your specifications or clearly personalised.

The product is liable to deteriorate or expire rapidly.

The product is a sealed product which is not suitable for return due to health protection or hygiene reasons and was unsealed after delivery.

The product is the product or set of products which are, after delivery, according to their nature, inseparably mixed with other products.

The product is an audio or sealed video recording or sealed computer software which were unsealed after delivery.

The product is a newspaper, periodical, or magazine with the exception of subscription contracts for the supply of such publications.

You request for refund might be refused or only partly granted, under Joom’s sole discretion in, but not limited to, the cases below:

The product is damaged by abuse or negligence (exposure to chemicals, caustic substances, open flame, high heat, sharp object, etc.),

The product was misused or in activities other than the intended purpose, or has additional signs of use other than a defect or quality problem,

You exhibit unusual patterns of returns activity,

You engage in fraudulent activities such as providing false evidence or unthruthful statements, wrong

Joom does not cover the shipment costs of return.

Please note that your request for refund, as per the cases above, might be refused in whole, or be reduced proportionately in the cases below:

Your withdrawal request relates to one of the exceptions from the right of withdrawal (as above), or is raised after the 14 days period, or

The product in question is not in its original condition (including brand tags, security devices) and has additional signs of use other than what is necessary to establish its nature, characteristics of functionality, and other than a defect or quality issue already existing at the time of purchase, or

The product is damaged by abuse or negligence (exposure to chemicals, caustic substances, open flame, high heat, sharp object, etc.), misused or used in activities other than the intended purpose, or

You returned a different product that does not match with the received product, or

You exhibit unusual and suspicious patterns of returns activity, or

You provide false or misleading evidence, information or untruthful statements to the Joom support team, or you refuse to follow any instructions for provisions of evidence or product return.

17. How to Request a Refund?

There are several ways to request a refund from the seller:

If less than 2 hours have passed since you purchased the product, you can cancel the order and get a full refund. Go to “My Orders”, tap the order you want to cancel, and tap the “Order cancellation” button on the bottom of the order page.

If the quality of the product you’ve received does not correspond to the information provided in its description on the Joom Site. Go to “My Orders”, tap the order you want to refund and tap “Product related issues”.

If the term for the delivery of the product to you has passed as per Joom’s delivery guarantee available in each product page, and your order has not yet been delivered. Go to “My Orders”, tap the order you want to refund and tap “No” on a green pop-up.

If you decide to exercise your right of withdrawal as per the rules specified in the previous section. Go to “My Orders”, tap the order you want to refund and tap “Product related issues”.

The refunded amount will be transferred via PSP to the card you’ve used to make your purchase. Please note that there may be exceptions such as, for example, technical inability to process the refund via the same payment method, or expiration of your card. In this case, you will be asked to provide another card, or your PayPal wallet details to proceed with the refund.

We aim to complete the refund process for valid claims within less than 14 days. Our usual processing time is 2-3 days.

18. Warranty Disclaimer and Limitation of Liability

To the extent possible under the governing law, your use of the product is at your own risk.

To the extent allowed under applicable law, Joom, its licensors or suppliers and the seller hereby further expressly disclaims all liability for any claims for product failures that are due to product misuse, abuse, product modification, improper product selection by you or your non-compliance with any and all applicable laws.

Other than as permitted by law, Joom does not exclude, limit or suspend other rights you have that cannot be legally limited or excluded. In particular, nothing in these Terms shall exclude liability for:

Death or personal injury

Joom's gross negligence

The statutory warranty of seller for hidden defects and the statutory warranty of conformity of products.

Assignment. You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder, or your account on the Site, in any way (by operation of law or otherwise) without Joom’s prior written consent. We may not transfer, assign, or delegate these Terms and our rights and obligations, which may result in a diminution of your rights, without your consent.

19. Choice of Law, Jurisdiction, and Dispute Resolution

All claims and disputes (including non-contractual claims and disputes) arising out of or in connection with your use of the Site will be determined in accordance with the laws of the country of your residence. We both agree to submit any dispute to the non-exclusive jurisdiction of the courts of the district of Riga.

If you would like to bring a matter to our attention, please contact us via the “Support” section on the Website or through the chat in the App.

20. Dispute Notice

Before initiating any dispute or any court proceedings, you and Joom each agree to first provide the other with a written notice (“Notice of Dispute”). The Notice of Dispute shall contain:

A written description of the problem and relevant documents and supporting information.

Statement of the specific relief sought.

A Notice of Dispute shall be sent to 78-1, Gustava Zemgala St, LV-1039, Riga, Latvia and via the “Support” section on the Website or through the chat in the App. Joom will provide a Notice of Dispute to you via the email address linked to your Joom User ID. You and Joom agree to make attempts to resolve the Dispute during the period of 45 days after a Notice of Dispute is given and not to initiate any court proceedings until this 45-day post-notice resolution period expires.

21. How to Contact Joom

Joom Support via the “Support” section on the Website or through the chat in the App with any questions or concerns regarding the Site.

Manage your personal data by sending an email at privacy@joom.com.

If you would like to report a copyright infringement, please notify us at ipr@joom.com.