The hemflare.com Terms of Service
updated 21-06-2023 are as follows:
Article 1 - Definitions
- Cooling-off period: the period within which the consumer can make use of their right to cancel the contract.
- Consumer: the individual who is not acting in a professional or business capacity and enters into a contract with the trader.
- Day: calendar day.
- Durable medium: any means that enables the consumer or trader to store information addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information.
- Right to cancel: the possibility for the consumer to cancel the contract within the cooling-off period.
- Trader: the individual or legal entity that offers products and/or services to consumers from a distance.
- Distance contract: an agreement whereby in the framework of a system organized by the trader for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication.
- Technique for distance communication: means that can be used for the conclusion of an agreement, without the consumer and trader being together in the same room at the same time.
- Terms and conditions: the present terms and conditions of the trader.
Article 2 - Identity of the trader
- E-mail address: [email protected]
- Company Name: JOLTA LLC
- Company registration EIN number: 93-1363204
- Physical address: Jolta LLC, 30 North Gould Street, STE R, Sheridan WY 82801, United StatesArticle 3 - Applicability
- These terms and conditions apply to any offer from the trader and any agreement reached a distance between the trader and consumer, and any order placed through the hemflare.com
- Before the remote agreement is concluded, the text of these terms and conditions will be made available to the consumer.
- If the distance contract is concluded electronically, the text of these terms and conditions may be made available to the consumer electronically in such a way that they can easily store them on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the terms and conditions can be consulted electronically and that they will be sent free of charge to the consumer, at their request, either electronically or in another way.
- If one or more provisions in these terms and conditions are wholly or partially invalid or unenforceable, the remainder of the agreement and these conditions will remain in effect, and the provision in question will be replaced immediately by a provision that approaches the intent of the original as closely as possible.
- Situations not covered by these terms and conditions must be assessed 'in the spirit' of these terms and conditions.
- Uncertainty about the interpretation or content of one or more provisions of our terms and conditions should be interpreted 'in the spirit' of these terms and conditions.
Article 4 - The offer
- If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
- The offer is non-binding. The trader has the right to change and adapt the offer at any time.
- The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If the trader uses images, they are a true reflection of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the trader.
Article 5 - Contract
- The agreement is concluded at the moment of acceptance by the consumer of the offer and the fulfillment of the corresponding conditions.
- If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically
- The trader will take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a secure web environment.
- The consumer is bound to their order for a period of 15 days after placing the order unless the trader indicates otherwise.
- The trader will send the consumer an order confirmation, containing a summary of the order, including the total price, the delivery time, and any applicable delivery charges.
- The trader will send the consumer a confirmation of receipt of the order, including these terms and conditions, in a durable medium.
- The trader will send the consumer an invoice, also in a durable medium, as soon as the product is dispatched.
- The trader will deliver the product within 30 days unless a more extended delivery period has been agreed upon.
- The consumer has the right to cancel the contract within 14 days of receipt of the product, without giving any reason. The consumer must inform the trader of their decision to cancel the contract before the end of the cooling-off period, using the model cancellation form or any other clear statement.
- The consumer must return the product to the trader within 14 days of informing them of the cancellation. The consumer must bear the direct cost of returning the product.
- The trader will refund the consumer the full purchase price and any delivery charges within 14 days of receiving the returned product.
- The trader will use the same means of payment as the consumer used for the initial transaction unless the consumer has explicitly agreed to a different method.
- If the consumer has requested to begin the performance of the contract during the cooling-off period, the consumer will have to pay the trader an amount proportional to what has been performed until the consumer has communicated to the trader that they wish to cancel the contract.