TERMS AND CONDITIONS

1. Definitions and genereal terms

1.1. www.jocosa.com is a website (hereinafter referred to as the "Website") operated by JOCOSA LIMITED, a private limited liability company duly registered in accordance with the Laws of Malta, bearing company registration number C 103600, and having its registered address situated at 183, Argali House, Triq il-Fortizza, Mosta MST 1858, Malta (hereinafter referred to as the "Company").

1.2. The Company is in the business of manufacturing clothes and accessories, and shall use the Website as an online shop to retail its products.

1.3. The following terms shall have the following meaning for the purpose of these terms and conditions:

1.3.1. Seller shall refer to the Company;

1.3.2. Consumer/s shall refer to any person who makes a purchase of any product through the Website;

1.3.3. Order/s and/or Purchase shall refer to any successful purchase made by a Consumer through the Website.

1.3.4. User shall refer to any person who makes use of the Website.

1.4. These terms and conditions (hereinafter the T&Cs) shall apply to all Consumers. Therefore, after acceptance, any order of products made through the Website shall be subject to the provisions of these T&Cs, or any updated version thereof, which shall be available on the Website at the time of placing an Order.

1.5. The Company hereby reserves the right to amend, update and modify these T&Cs as it deems necessary, however the version of the T&Cs agreed to upon making a Purchase shall be binding for that particular Purchase.

1.6. Any amendments made to these T&Cs shall be included in the latest published version of these T&Cs on the Website. Such changes and/or amendments shall be effective upon publication on the Website thereof, and upon subsequent acceptance by Consumers. It is therefore the Consumers' duty to keep updated with the latest version of the T&Cs published on the Website.

2. Consumer

2.1. Consumers must have the full legal capacity to enter into a purchase agreement, and must hence be over the age of sixteen (16) in order to be able to place an Order, whether as a guest or through an account registered with the Website.

2.2. By making an Order through the Website, Consumers agree that they are purchasing Company products exclusively for personal use, and not for resale as part of business or professional activity of any kind.

2.3. Consumers must have a valid address in either of the countries eligible for shipping (hereinafter referred to as the "Serviced Country/ies") in order to be able to make a purchase. The Company shall only ship Orders to the Serviced Countries. The Serviced Countries are displayed upon accessing the Website.

3. Account registration

3.1. Consumers shall have the option of either effecting a purchase as a guest without the need of creating an account.

3.2. Consumers shall also have the option to create an account which will enable them to sign into the Website, have a summary of all orders placed through the Website using the same account and facilitate the purchasing process and the use of the Website. In order to register for an account on the Website, Users shall fill out an online form containing their contact information and other relevant details such as their date of birth.

3.3. As per Clause 2.1 above, Users shall strictly be allowed to create an account if they are over the age of sixteen (16) years.

4. Online shop & placing orders

4.1. The Website operates as an online shop through which Consumers may purchase products made available on the Website by the Seller, following an explicit request by the User.

4.2. The products available for purchase on the Website shall be made available, updated and changed at the Company's discretion.

4.3. Consumers agree that the information and details provided to the Seller in the process of placing an Order is correct, accurate, current and complete.

4.4. In the event that Consumers provide incorrect, inaccurate, outdated or incomplete information to the Seller, in the process of placing an Order, the Seller may request the User to update the information provided and subsequently provide correct, accurate, current and complete information or refuse to deliver the Order to the User.

4.5. The Seller shall not be held liable for incorrect and/or incomplete Orders, which result from the provision of incorrect, inaccurate, outdated or incomplete information and/or details provided by the Consumer. Similarly, the Seller shall not be held liable for undelivered orders or other unfulfilled obligations resulting from the provision of incorrect, inaccurate, outdated or incomplete information and/or details provided by the Consumer. Any possible re-sending of such Orders and related expenses thereto, shall be strictly borne by the Consumer.

4.6. Consumers may order any of the products listed on the Website. When placing an Order, Consumers may select the size, colour, type and quantity of the products, in accordance with the choices made available on the Website. Consumers are also able to choose the delivery method, depending on the availability of such option for the Serviced Country in question.

4.7. In order to protect its intellectual property rights, its reputation, as well as to secure its distribution network, the Seller hereby reserves the right to limit the quantity of products that may be purchased through the Website. The above limitation may only be imposed prior to the purchase of the products by the Consumer.

4.8. The Seller shall provide information on the products offered on the Website, including the item's basic specifications, price, transport and delivery costs, and any additional information aimed at supporting Consumers in making an informed choice during their purchase.

4.9. The Seller shall not be held liable for inaccuracies and/or minor differences in item descriptions inter alia, colour and size differentiations. Size guides for clothing are indicative and shall not refer to the strict and exact measurements of each specific item available for sale on the Website.

4.10. All statutorily required information applicable to any product offered on the Website as well as any additional information is available on the Website itself.

4.11. Upon placing an Order through the Website, the Consumer is bound by the offer made for the purchase. However, the email sent by the Seller to the Consumer confirming the Order shall not be considered as the final acceptance of the Consumer's offer by the Seller. The Seller may accept the Consumer's offer by sending a notice to the Consumer stating that the Order is ready for dispatch. This shall be considered as the final confirmation by the Seller (hereinafter referred to as the "Execution" or "Executed Order").

4.12. An Executed Order shall constitute a legally binding contract between the Seller and the Consumer.

4.13. The Seller may, at any time prior to the Execution, refuse to deliver the Order. In such circumstances, the Consumer shall be reimbursed with the full order amount and in accordance with the Clause 9 of these T&Cs.

4.14. Consumers may cancel their order without providing a reason until the following working day at 11.00am (GMT+1) (hereinafter referred to as the "Deadline"). The notice shall be sent using the features available in the user account for registered Consumers; for unregistered Consumers, it shall be sent using a button in the email received confirming order placement. Any costs will be reimbursed as provided in Clause 9 of these T&Cs.

4.15. Consumers cancelling Orders once the Deadline has lapsed, shall be entitled to a full refund of the goods purchased but shall still be charged fees in relation to couriering services which would have at that point been booked and paid for by the Seller.

4.16. Following the lapse of the Deadline, the Order shall automatically deemed to be confirmed by the Consumer, and the Seller reserves the right to refuse reimbursement in accordance with Clause 9 of these T&Cs.

4.17. Consumers further acknowledge and agree that certain products may be unavailable at the time of the Order. If the Seller is unable to fulfil an Order due to products being out of stock or having insufficient inventory, the Seller shall immediately notify the Consumer via email using the email address provided when making the Order. In such circumstances, the Seller shall provide the Consumer with the option to either be reimbursed for the products which are unavailable, or provide the Consumer with alternative delivery dates, and should the Consumer not accept the updated delivery time frame, reimburse the Consumer for the unavailable products. In such cases, the Seller may perform partial delivery after receiving the Consumer's consent.

5. Prices and payment

5.1. Upon entering the Website, Users shall be provided with a pop-up allowing them to choose the Serviced Country and the language. This will enable Consumers to view product prices inclusive of Value Added Tax in accordance with the applicable rate, depending on the Serviced Country chosen upon entering the Website. Prices displayed on the Website shall also be inclusive of delivery fees to the chosen Serviced Country. Customs duties and other applicable taxes shall be the sole responsibility of the Consumer and shall not be included in the price displayed on the Website.

5.2. Consumers hereby declare that they have read and are aware of the provisions stating that Orders bear a payment obligation for Consumers. Product prices on the Website are listed in Euro (€) and are final.

5.3. The Seller may change the prices listed on the website at its own discretion, at any time and with no obligation for providing prior notice to the Consumers. The User shall be obliged to pay the price listed on the website at the time of placing the order, regardless of whether it is higher or lower than the updated price.

5.4. The payment for the products shall be finalized upon the Order being successfully paid by the Consumer via debit or credit card. All payments shall be made in Euro (€).

5.5. The Seller shall not be held responsible for any expenses related to fees, commissions or any other additional payment made by the Consumer or their processing bank in relation to the transaction itself, or for any currency exchange. The same applies for transactions by the Seller to the Consumer, regardless of whether they are related to any reimbursement or for any other reason.

5.6. Consumers may effect payment through Visa, Visa-Electron, Paypal, Stripe and bank transfers. The V-Pay, American Express, JCB, Discover, and Diners Club options are not accepted, and this list is not exhaustive.

5.7. When effecting payment via wire transfer, Consumers must include their order number in the ‘Reason for Transfer' field. If no payment arrives at the Seller's bank account within three (3) working days from the Consumer's receipt of the order confirmation notification email, the order is considered to be automatically canceled. The Seller holds no obligation or responsibility for any such orders.

5.8. Consumers hereby acknowledge and agree that the delivery shall be documented by virtue of e-invoices issued by the Seller. Such invoices shall be sent to the email address provided by the Consumer when placing the Order.

6. Deliveries

6.1. Deliveries are made from the Company's warehouse in Bulgaria to the address chosen by the Consumer when placing the Order. The Consumer will be required to sign upon delivery and verify their identity.

6.2. If, after two (2) attempted deliveries to the address indicated by the Consumer, the courier has not been able to complete the delivery and/or contact the Consumer on the phone number listed by the Consumer, the Seller shall be free of its obligation to deliver the ordered products. In such cases, the Seller shall reimburse the Consumer for the paid amount.

6.3. The delivery address specified by the Consumer must be accessible by asphalt or paved road, and the delivery is made to the place closest to the specified delivery address, which (at the discretion of vehicle driver) allows unimpeded and safe parking, lowering of the cargo board and unloading.

6.4. The delivery shall be performed by a third-party delivery service provider. The delivery provider's pricelist shall apply and delivery costs shall be paid by the Consumer. Any duties and fees payable upon delivery shall also be paid by the Consumer.

6.5. The Seller reserves the right to provide free delivery subject to certain conditions set out on the Website. In case free delivery requires placing an Order over a certain value, only the value of the ordered items is to be calculated, without including any additional services (inside home entrance drop-off, fixed-time delivery, etc.), if the Consumer has requested such.

6.6. The estimated delivery dates shall be provided upon the Order's confirmation and in the email by the Seller notifying the Consumer that the ordered products are ready for dispatch. The estimated delivery dates will be observed, if possible. When the Order arrives at the delivery company's main storage facility, the Consumer will receive a notification for the expected delivery date. Alternatively, the Seller may provide a tracking number to the Consumer which they can use to track the progress of their shipment handled by the delivery provider. The Seller shall not be held liable for any delays if the Order is not delivered within the specified deadline due to circumstances out of its control or depending on third parties.

6.7. If the User has provided a written statement outlining an agreement to ship to an address belonging to a third party with no contractual relationship with the Seller, the receipt of the products by the designated third party shall be considered duly completing the delivery. Furthermore, a third party shall be any person who has not placed the order but accepts the products upon delivery on the delivery address designated by the Consumer. In any case, however, a signature will be required on delivery following identity verification.

6.8. If upon receipt the Order's contents are found to be damaged, and in case of deliveries with damaged packaging where there are grounds to suspect tampering with the contents of the delivered shipment not upon accepting the shipment by the recipient, a Statement of Findings shall be drafted in two identical copies, then signed by both the courier and the shipment's recipient, i.e. the Consumer.

6.9. If the package of the Order is damaged or contain defects, the Consumer may:

6.9.1. Refuse the delivery and sign the documents by marking "refused due to damage"; or

6.9.2. Fully/partially accept the delivery, then notify the courier and sign the documents by marking "damaged".

6.10. In any case, the User shall inform the Seller via email sent to info@jocosa.com in order to report the manner and nature of the problem and if possible, enclose a copy of the Statement of Findings drafted between the Consumer and the courier.

6.11. In case of failure to follow the procedure described in Clause 6.10 of these T&Cs, the transportation costs in both directions shall be borne by the Consumer.

6.12. Upon refusal to accept the delivery for no objective reason, the transit costs in both directions shall be borne by the Consumer.

6.13. Upon receipt of the products by the Consumer, the risk of accidental perishing of the products shall be transferred to the Consumer.

6.14. In any other case, the risk of accidental perishing of the products shall be transferred to the Consumer, upon transferring the products to the person tasked with transit, or upon leaving the Seller's storage facilities for dispatching.

7. Force majeure

7.1. The Seller shall be free of any liability for the duration of any circumstances out of its control that prevent the Seller from fulfilling the relevant obligation, including, but not limited to inability to procure raw materials and transportation, fires, earthquakes, droughts, tidal waves, floods, war and wartime action (whether official or unofficial), invasion, acts performed by an outside enemy, military conscription, requisitioning or embargo, uprisings, revolutions, coups, military dictatorships, usurpation of power or civil war, any threat related to or arising from radioactivity, toxicity, epidemics, explosions or any other hazardous threat or event, riots, tumults, roadblocks, strikes, intentional delays, lockouts or any kind of production disturbances, and any other event or phenomenon, which, even if not mentioned herein, has been unforeseeable and out of the control of the Seller, or if it has been foreseeable, it has been inevitable. The agreed delivery deadlines shall be extended by the duration of the Force Majeure effect.

7.2. The Consumer may not cancel any deliveries due to delays caused by Force Majeure.

8. Warranty

8.1. While the Seller strives to ensure that all items sold are of the highest standard and quality. However, in the event that an item purchased through the Website becomes faulty or damaged, consumers are urged to contact the Seller on info@jocosa.com.

8.2. Products sold on the Website come with a one (1) year manufacturer's warranty (hereinafter referred to as the "Warranty"), valid from the date of the invoice/fiscal receipt. Such document must be retained by Consumers as proof of purchase and Warranty.

8.3.Throughout the duration of the Warranty, the Company will repair damaged and/or faulty items purchased through the Website free of charge or at minimal costs. Queries requesting such services shall be communicated to the Seller via email on info@jocosa.com.

8.4. Consumers may also refer any faults and/or damages experienced after the lapse of the Warranty period to the Seller. Such requests shall also be made via email on info@jocosa.com. The Seller will repair such damages and/or faults against a fee which will be communicated to the Consumer via email, who shall be free to accept or decline the fee.

9. Refund procedure

9.1. Consumers have the right to return the goods ordered from the Website and be entitled for a full refund if such return is made within fourteen (14) days (hereinafter referred to as the "Returns Period"), as long as the goods are still in their original condition. In order to receive a full refund, the goods must be returned unused and in the same condition the Consumer received them. This includes the original packaging with all tags and labels attached.

9.2. Consumers wishing to return an order shall create a returns process from the Website and follow the instructions thereto. Once the Returns Period has lapsed, Orders cannot be returned and Consumers shall not be eligible for a refund. Should goods be returned after the Returns Period, the Company may send it back to the Consumer's default delivery address and Consumer be asked to cover the delivery costs.

9.3. Orders being returned shall be sent to Kronospan Bulgaria EOOD, Ravno Pole 2129, Sofia, Bulgaria and costs relating to the return of Orders, including delivery charges and any relevant taxes, shall be paid by the Client.

9.4. In the event that Orders are received damaged, proof of such damage must be sent promptly to the Seller on info@jocosa.com and the Consumer shall be eligible to receive a full refund if the Seller is satisfied that the damage is due to reasons attributable to the Company. In such circumstances, the Seller shall be responsible for paying the delivery costs.

9.5. Returned items are the Consumer's responsibility until they reach the Company, so it is important to ensure that these are packed up properly and cannot be damaged on the way.

9.6. As the goods remain under the responsibility of the Consumer until they arrive back to the Company, it is within the responsibility of the Consumer to ensure that proof of postage is obtained in case the Consumer needs to contact the Company about the return.

10. Complaints

10.1. Complaints shall be sent to the Seller via email on info@jocosa.com and such complaints shall be attended to Monday to Friday during business hours i.e. between 08.00 and 17.00 (GMT+1).

11. Liability

11.1. Even though the Company takes maximum reasonable care to ensure that the Website's content is correct and up-to-date, the Company cannot guarantee its correctness.

11.2. The Website may become unavailable from time to time due to maintenance or hardware failure, or for various other reasons.

11.3. The Company shall not be held liable for any delays, interruptions, errors, defects, omissions or deletions related to failures in the communication lines, operation or transmission, alteration or theft, destruction or unauthorized access to user communications.

11.4. The Company shall not be held liable for any technical or non-technical failures or other issues related to hosting services, computer systems, servers or providers, telephone networks or services, desktop and mobile equipment, software, or players due to technical issues or internet traffic jams, or related to the website, including damage or failure of a computer, mobile phone, or other hardware or software belonging to Consumers or other persons, related to or arising from the use or downloading of content related to the network and/or the Website.

11.5. The Website may contain links to third-party websites or resources that may be obvious or not, and software, text, graphics, articles, pictures, designs, audio, video, music, information, software applications, plugins, and other third-party content. The Company does not own and does not control and shall not be held liable for the contents or the performance of any third-party content listed or linked on the Website.

11.6. The compulsory legal liability for product defects remains in effect. Any exclusion or limitation of the Seller's liability shall also apply regarding the personal liability of its employees, workers, collaborators, representatives, and assistants.

12. Governing law and jurisdiction

12.1. These T&Cs shall be governed and construed in accordance with the Laws of Malta without giving effect to its choice of law provisions in their totality.

12.2. Any dispute arising in relation to any of the provisions herein contained shall be brought before the Consumer Claims Tribunal in Malta. Any unresolved disputes shall then be brought before the Courts of Malta which shall have exclusive jurisdiction.

13. Miscellaneous

13.1. Should any part of these T&Cs be found to be void or unenforceable, it shall not affect the validity of any other provision of these T&Cs. The parties shall attempt in good will to negotiate the replacement of the part of these T&Cs that has been found void or unenforceable. If the parties fail to agree on a replacement provision, it shall not affect the validity of the rest of these T&Cs. The same applies for any comissions.

13.2. Reproducing text, images and information on the website is done in accordance with the Copyright Act (Cap. 415 of the Laws of Malta) and the relevant subisdiary legislation that govern such relationships.

13.3. Any change or deviation from the provisions of these T&Cs requires a written validity form. This also applies about the written form provision itself.

13.4. In case of any inconsistence between these T&Cs and a separate agreement, the separate agreement shall prevail.

13.5. These T&Cs are effective as at 11.03.2024 and shall apply to all contracts as defined in Clause

4.12 of these T&Cs to which the Company is a party. These T&Cs may be amended by the Company following due notice by the latter to all registered Website Consumers.

13.6. The most recent version of these T&Cs is available on the Website.

14. Notices

14.1. Notices and any communication to the Seller shall be strictly communicated by email on info@jocosa.com and shall be attended to Monday to Friday during business hours i.e. between 08.00 and 17.00 (GMT+1).