These Terms and Conditions (“Terms”), as amended from time to time by Justin Group Oy (“Justin”), constitute the whole agreement between Justin and each customer (“Customer”) regarding the purchase of
- various products in electronic form, including e.g. digital books or booklets, (“Products”); or
- services provided by Justin (“Services”)
trough Justin Webshop (“Webshop”)
The Customer agrees to be bound by the Terms by registration at the Justin Webshop and thereafter each time a purchase is made through the Webshop. Products may not be purchased, or Services may not be used unless the Customer agrees to the Terms in their entirety.
If a Customer is a consumer (i.e. purchasing outside the scope of a business), then nothing in these Terms will reduce Customer’s statutory rights relating to faulty or misdescribed Products or Services under applicable law.
2 Customer Representations and Undertakings
Each Customer represents that
- all information provided in connection to the registration is true and correct;
- Customer is legally capable to enter into the agreement between the Customer and Justin; and
- if the agreement has been entered on behalf of a company or other legal entity, the Customer has the legal right to bind such company or legal entity.
Customer undertakes to keep the login information (including password) entered in connection to the registration safe and may not let others use the login information or let multiple people share the login information.
A customer may not at any time resell the Products or Services or through linking connect the Webshop to services provided by the Customer or a third party.
3 Webshop Service
Justin uses best effort to ensure highest service level at its Webshop and attempts to minimize breaks. However, this does not eliminate service breaks and therefore Webshop may be periodically unavailable. Customers are encouraged to report any errors or unforeseen breaks to email address: firstname.lastname@example.org.
4 Pricing and Purchase
Any prices, quotations and descriptions made or referred to on this Webshop are subject to availability, do not constitute an offer and may be withdrawn or revised at any time prior to our express acceptance of order (as described below). While Justin makes every effort to ensure that items appearing on the Webshop are available, Justin cannot guarantee that all items are immediately available when a Customer submits an order. Justin may reject Customer’s order if it is unable to process or fulfill it. If this is the case, Justin will refund any prior payment made for such item.
An order submitted by Customer at Webshop constitutes an offer by a Customer to Justin to purchase Products or Services on these Terms and is subject to Justin’s subsequent acceptance. Customer may receive an automatic acknowledgement of order. However, such acknowledgement alone does not constitute an acceptance by Justin of Customer’s order.
The acceptance of order is deemed to take place when Justin provides an active download link in relation to Products or starts to provide Services to Customer. Services may be subject to additional terms and conditions which will be provided to Customer or which may require Customer’s approval before the delivery of Services is started.
When Customer acts as a consumer, the Customer is generally allowed to cancel an order for any reason within 14 calendar days of receipt of Products or Justin’s acceptance of Services with the following exceptions:
The right of cancellation shall not apply to
- Products which are delivered through downloads when the Customer has already started the download process by using the link provided by Justin, and additionally
- an order for Services cannot be terminated once the delivery of such Service has started before the end of the mentioned 14 days’ cancellation period.
Justin will refund any payments by consumers through its payment service provider within 14 calendar days of giving of a cancellation notice.
Other Customers than consumers are not entitled to cancel their order after payment has been processed as described in section 5 below. Purchaser of Services may contact Justin to reschedule any agreed service sessions, the acceptance of such rescheduling being in the sole discretion of Justin. The purchased service sessions must be rescheduled to take place within three months following the payment of the relevant order. After this period, such order is terminated without refund provided that the exceeding of the limit is attributable to the Customer.
Justin will not collect any payment details or credit card information from a Customer as it has entrusted handling of all payments related to its Webshop to its payment service provider Paytrail Plc. This company executes Customer payments as card payments or online bank transfers through its network of banks and credit institutions in accordance with the scope of services agreed between Justin and Paytrail Plc. Paytrail Plc will be shown as payee on any relevant bank statement or credit card bill and the company passes the payment to us. Despite this Justin will remain legally responsible supplier of all Products and Services bought from this Webshop.
The contact information of the payment service provider is:
Paytrail Plc, Business ID 2122839-7 Innova 2 Lutakonaukio 7 40100 Jyväskylä Telephone: +358 20 718 1830 www.paytrail.com
7 Prices and Taxes
Prices in the Webshop are shown as total prices including applicable value added tax (VAT 24 % in Finland). The net price without VAT (taxable amount) is also shown separately.
All prices are exclusive of all other taxes, levies or duties imposed by the taxing authorities and the Customer shall be responsible for payment of all such taxes, levies or duties other than VAT.
8 Intellectual Property Rights and Licensing
All the content and Products available in the Webshop or used to create and operate the Webshop is the property of Justin or its licensors, and is protected by Finnish and international copyright laws, and all rights to the Webshop, its content (i.e. Products and Services) and software are expressly reserved. All trademarks, registered trademarks, product names and company names or logos mentioned in the Webshop are the property of their respective owners. The Customers are granted a limited, revocable, non-exclusive and non-transferable license to use the Webshop in accordance with these Terms.
Unless expressly otherwise stated in the Webshop, Products in electronic form are licensed to be used only by the registered Customer in question for strictly internal use or personal use and not to be sold or otherwise transferred to a third party. All Products will contain a digital watermark identifying the Customer and Customer’s company or other legal entity. Similar restrictions apply also to any electronic documentation or materials delivered in connection to delivery of Services.
Certain Products available in the Webshop or electronic documentation provided in connection to the delivery of the Services are licensed under Creative Commons License (“CC License”) stated in connection to each relevant Product or document. In this case the stated CC License shall apply in relation to such Product or electronic document.
Unless expressly otherwise stated, all Products and Services are delivered on “as is” basis; neither Justin nor any of its suppliers make any warranty of any kind, express or implied in relation to Products or Services offered or sold, and Justin and its suppliers specifically disclaim the implied warranties of title, non-infringement, merchantability, fitness for a particular purpose or accuracy.
10 Limitation of Liability
Justin’s liability under these Terms (whether for negligence, breach of contract, misrepresentation or otherwise) shall always be limited to the price payable for the Products or Services which are the subject of an order. In no case shall Justin be liable for incidental, indirect, or consequential damages; or any loss of income, revenue, profits, contracts, data, goodwill or savings.
11 Termination of Customer Account
Justin has the right to terminate a Customer account if the Customer
- is found to be in breach of any representation or undertakings given above in section 2
- otherwise materially breaches any provisions (particularly those relating to immaterial rights and / or licensing) in these Terms.
by notifying Customer about this in writing. After cancellation Customer can no longer log in to the Webshop in order to carry-out purchases of Products or Services.
Justin may as an alternative temporarily freeze an account without any advance notice based on any suspicious events or circumstances observed in the use of a Customer Account implicating a possible breach mentioned above.
In the event of termination of an account Customer may retain any Products already downloaded from the Webshop. The provision of any undelivered Products or Services is entirely subject to the sole discretion of Justin.
12 Governing Law and Jurisdiction
These Terms and Conditions and the relationship between the Customer and Justin shall be construed, governed and enforced in accordance with the laws of Finland without giving effect to any principle of law which would result in the application of laws of any other jurisdiction.
All disputes arising out of or in connection with these Terms and Conditions and with the relationship between the Customer and Justin shall be submitted to the exclusive jurisdiction of the Länsi-Uusimaa District Court, Espoo, Finland. If Customer is a consumer, then Customer’s statutory rights in relation to jurisdiction in Finland shall apply.
These Terms and Conditions as well as any documentation and instructions are provided only in English. Justin may provide translations into other languages for information purposes only. Should the translations differ from the original English versions, the English versions shall always prevail.
15 Force Majeure
Neither Justin nor the Customer shall be liable for any delay or failure in performance due to such acts of God, earthquake, labor disputes, shortages of supplies, riots, war, fire, epidemics, or transportation difficulties or other circumstances beyond its control (Force Majeure). The obligations and rights of the excused party shall be extended on a day to day basis for the time period equal to the period of the excusable delay.
16 Amendment of Terms
Justin may change or modify these Terms in its sole discretion. Such change or modification does not affect any purchases already approved by Justin.
Justin may transfer its rights and obligations under these Terms and any commercial transactions carried-out under these Terms fully or partially to a third party. Customer may not transfer any rights under these Terms to anyone else without prior written consent of Justin.
Any notices in connection to these Terms shall be delivered by email to email address email@example.com. Justin may send its own notices to the email address of the Customer entered in connection to the registration as a Customer at the Webshop. The Customer may always change used email address by editing the Customer’s profile at Justin Webshop.
19 Contact information
Justin Group Oy Lars Sonckin kaari 12 02600 ESPOO FINLAND Telephone: +358 40 534 7516 Business ID: 2689936-8 VAT number: FI26899368 info (at) justin.fi