Terms and Conditions of Use.
Imitation Bamboo is called Bamfaux.
This agreement also explains your rights regarding the purchase of any item from this website. This is a legally binding contract between you and JoeJude Enterprises once you choose to purchase any item from, or any item on, this website.
These terms are interchangeable: JoeJude Enterprises, the company, the sole proprietor, J. Meintjes, website owner, the partner/s of JoeJude Enterprises, the Incorporation of JoeJude Enterprises.
These terms signify both singular and plural as well as masculine and feminine, meaning you as the user of this website and/or the reader of all/any of the pages that make up this website, or the purchaser of any item from this website: He, she, him, her, you.
The term 'item' signifies any item whether hand-made or custom-made supplied for sale by JoeJude Enterprises and includes, pieces of Furniture for indoor or outdoor use, Bar Stools, Bars, Thatch Umbrellas, Bamfaux, Bamfaux Planters, or any other item for sale on this website that might be added in the future.
The term 'order' signifies any request
by you to purchase items from JoeJude Enterprises. If your order requires a
Purchase Order, then it is your responsibility to inform us of this and supply the required documentation before manufacturing starts and, also, before any payment is made. On payment, with or without a Purchase Order, you are, in effect, saying that you take on the full responsibility of paying for the items ordered, and correcting any errors within your company that might interfere with this order.
All headings and subheadings are for reference purposes only.
The terms Purchaser and Buyer and Customer are interchangeable.
All materials contained in this Site are subject to the ownership rights of JoeJude Enterprises.
We, JoeJude Enterprises, reserve all rights not
expressly granted here.
License to Use the Site
JoeJude Enterprises grants you a non-exclusive, non-transferable, limited right to access, use and display the Site and the materials thereon for your personal use only, provided that you comply fully with these Terms and Conditions of Use. You shall not interfere or attempt to interfere with the operation of the Site in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or other means expressly prohibited by any provision of these Terms and Conditions of Use.
to Terms and Conditions
JoeJude Enterprises reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms and Conditions of Use, in whole or in part, at any time. Changes to these Terms and Conditions of Use will be effective when posted. You agree to review these Terms and Conditions of Use periodically to be aware of any changes. Your continued use of the Site after any changes to these Terms and Conditions of Use are posted, will be considered acceptance of those changes.
JoeJude Enterprises owns, controls, licenses or has the right to use and provide the Site and all material on the Site, including without limitation text, images, articles, photographs, illustrations, audio and video clips, (collectively the "Content"). The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. JoeJude Enterprises is the owner of the copyright of the entire Site. JoeJude Enterprises owns a copyright in the selection, coordination, arrangement and enhancement of the Site. You agree to abide by any and all copyright notices, information or restrictions, whether or not they are displayed on the Site.
You may not modify, create derivative works from, participate in the transfer or sale of, post on the World Wide Web, or in any way exploit the Site or any portion thereof for any public or commercial use without the express written permission of JoeJude Enterprises. In the event of any permitted copying, redistribution or publication of material from the Site, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. Once permitted in writing, you may download one (1) copy of Content from the Site for your personal use, provided that you maintain all copyright, attribution and other notices contained in such Content, including without limitation trademarks and service marks of JoeJude Enterprises or the copyright holder identified in the individual Content's copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. You are responsible for complying with all applicable laws, rules and regulations regarding your use of any such downloaded Content.
Changes to Site or Content
JoeJude Enterprises shall have the right for any reason, in its sole discretion, to terminate, change, suspend or discontinue any aspect of the Site, including but not limited to Content, features, or hours of availability. JoeJude Enterprises may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability.
Because colors on the web vary between browsers, and between monitors, and between room lights, and might depend on time of day, JoeJude Enterprises will not be held responsible for your assumption that the web colors are the colors you require. If you have a specific hue, shade, or color in mind then either send a color swatch, to which we shall adhere to the best of our ability, or ask for a sample in the color you want to order. Without prior knowledge that you require a specific color you must accept the color or shade we supply. If this is not acceptable or you wish to contend colors after acceptance of the product your only option is to return the product and ask that we change the color to your liking, for which you will pay freight in both directions plus extra costs to comply with your wishes. You may not return the product for a refund under these circumstances.
Acceptable Use Policy
As a condition of your use of this Site, you warrant to JoeJude Enterprises that you:
Links to Other Websites
The Site may contain links and pointers to other World Wide Web Internet sites, resources, and sponsors. Links to and from the Site to third party sites, maintained by third parties, does not constitute an endorsement by JoeJude Enterprises or any of its parent companies, subsidiaries and affiliates, of any third party resources or their contents. Links do not imply that JoeJude Enterprises or the Site sponsors are affiliated or associated with or are legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked sites are authorized to use any trademark, trade name, logo or copyright symbol of JoeJude Enterprises or any of its affiliates. You should direct any concerns regarding any external link to its site administrator or webmaster.
JoeJude Enterprises does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or any other information displayed or distributed through the Site by other parties. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk.
JoeJude Enterprises reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site.
Disclaimer of Warranties and
Damages; Limitations of Liability
The site, including all content, software, functions, materials and information made available on or accessed through the site, is provided on an "as is", "as available", basis without representations or warranties of any kind whatsoever express or implied, including without limitation, non-infringement, merchantability or fitness for a particular purpose. Neither JoeJude Enterprises nor its content providers warrant that the functions, features or content contained in the site will be uninterrupted or error free, that defects will be corrected, or that any other site or the server that makes it available is free of viruses or other harmful components; nor do they make any warranty or representation as to the accuracy or reliability of the site, the content thereof, the materials, information and functions made accessible by the software used on or accessed through the site, any products or services or hypertext links to third parties or for any breach of security associated with the transmission of sensitive information through the site or any linked site. JoeJude Enterprises and its parent companies, subsidiaries and affiliates make no warranties and shall not be liable for the use of the site, including without limitation, the content and any errors contained therein, under any direct or indirect circumstances, including but not limited to JoeJude Enterprises' negligence. If you are dissatisfied with the site or any materials on the site, your sole remedy is to discontinue using the site.
Under no circumstances shall JoeJude Enterprises, its subsidiary companies, its parent companies, subsidiaries, affiliates or content providers be liable for any special, incidental or consequential damages that are directly or indirectly related to the use of, or the inability to use, the content, materials and functions in the site, including without limitation loss of revenue or anticipated profits or lost business, even if such entities, or an authorized representative thereof, have been advised of the possibility of such damages. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall the total liability to you, of JoeJude Enterprises and its subsidiary companies, its parent companies, subsidiaries and affiliates, for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from these Terms and Conditions of Use or your use of the site exceed, in the aggregate, $100 (one hundred dollars).
Enterprises' Right to Materials Provided by Users
JoeJude Enterprises welcomes your comments regarding our merchandise and services, including the Site. However, any or all material and information provided by you to the Site, or to JoeJude Enterprises via email, may be included in a database owned by JoeJude Enterprises and its subsidiaries and affiliates, in which we have rights and interest, including but not limited to, the compilation copyright. We reserve the right to use any information or materials you provide to us or that we obtain through your use of the Site to the fullest extent permitted by law.
By posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively "Communications") to or within the Site, you grant to JoeJude Enterprises a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use (including use for promotional and advertising purposes), copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such communications and any ideas or original materials contained in such communications, in all media now known or hereafter developed. This grant shall include the right to exploit any and all proprietary rights in such communications including, without limitation, any and all rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. You waive all rights you may have to inspect and/or approve of any use by JoeJude Enterprises of any material or idea submitted by you in any communications or receive any compensation for such use. You waive all rights to any claim against JoeJude Enterprises for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such communications. You agree and understand that JoeJude Enterprises is under no obligation to use any material or ideas submitted by you in any communications in any way whatsoever.
Responsibility for Transmitted Material
You acknowledge that transmissions to and from this Site are not confidential and your communications may be read or intercepted by others. You acknowledge that by submitting communications to JoeJude Enterprises or the Site, no confidential, fiduciary, contractually implied or other relationship is created between you and JoeJude Enterprises or any JoeJude Enterprises' affiliate or subsidiary, other than pursuant to these Terms and Conditions of Use. JoeJude Enterprises shall not be responsible for the payment of any monies to any party in connection with JoeJude Enterprises' use of communications submitted by you to the Site.
All prices displayed on this Site are quoted in U.S. Dollars and are valid and effective only in the United States. Any discounts offered and accepted are solely on a per-job basis. Sales tax is payable by buyers residing in the state of Florida.
Shipping and Delivery
JoeJude Enterprises will supply all the necessary parts and initial labor in constructing the items for sale as depicted on the site. As a cost-saver to the buyer, JoeJude Enterprises may/may not deliver to the depot of your Trucking / Freight company in the Ocala, Gainesville, Jacksonville area once your request has been received and accepted and your check for items sold has been cleared by the bank, for further shipping to customer's shipping address. Shipping and delivery is a contract or agreement between the customer's chosen Trucking / Freight company and the customer. JoeJude Enterprises is not involved in this agreement except to deliver items to their depot in the Ocala, Gainesville, Jacksonville area or request collection at our address, the decision and choice being solely that of JoeJude Enterprises. Once items have left our premises they become the responsibility of the purchaser.
Installation of any item is a separate agreement between you and JoeJude Enterprises. We will supply the necessary parts and erection instructions, if necessary, of the item purchased, broken down for shipping and delivery purposes, and once delivered to you, our liability ceases. These parts need to be re-attached and re-assembled to obtain the finished product. The construction and installation responsibility now falls to the customer, however JoeJude Enterprises strongly suggests that two (2) people with power tool knowledge and experience do the final installation and compilation of the item/s.
If the buyer wishes to involve JoeJude Enterprises in the erection and/or installation of any bought item (for example, a bar), this will be an additional agreement between the buyer and JoeJude Enterprises.
It is the responsibility of the buyer to comply with and/or to obtain permission, and/or certificates and/or permits and/or all necessary paperwork, of all laws and bylaws of the county and state, and development and/or other authority, in which the buyer wishes the bought item to be erected. The buyer will hold JoeJude Enterprises blameless from any non-compliance with any of these laws, bylaws, rules, etc.
PLEASE NOTE: Some items are heavy. Please take all precautions to prevent injury. After delivery JoeJude Enterprises accepts no responsibility whatsoever for the erection, installation, collection or movement of any item.
Custom Made Items
An additional agreement between the customer and JoeJude Enterprises will be necessary if any item needs to be custom made or major changes are requested. An invoice depicting the order and any changes/alterations will be deemed accepted by the buyer when payment is made and accepted, whether in full or part. The Invoice and this agreement form the full and sole agreement between the parties.
JoeJude Enterprises makes no representation that materials on the Site, including merchandise offered for sale on the Site and their copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations other than the United States. Those who choose to access this Site from other locations outside of the U.S. do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflicts of laws provisions. The sole and exclusive jurisdiction for any action or proceeding arising out of or related to these Terms and Conditions of Use shall be an appropriate State or Federal court located in Putnam County in the State of Florida and you hereby irrevocably consent to the jurisdiction of such courts. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms and Conditions of Use, and the remainder of these Terms and Conditions of Use shall continue in full force and effect.
These Terms and Conditions of Use, including any Invoice depicting an order and for which payment is received in full or part, constitute the entire agreement between you and JoeJude Enterprises with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by JoeJude Enterprises of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
Prices quoted exclude Crating and Packaging and Handling and Shipping and these will be charged separately.
Payment in full is expected at time of order. Once monies have cleared the bank, the order process will be started. Orders over $10,000 (ten thousand dollars) may be made in two payments of 50% (fifty percent or half of total) at time of order, and 50% (fifty percent or balance of order) before delivery or collection is arranged with a Carrier Company. Once purchaser has been notified, generally by email, that the order is complete, the purchaser will be given 10 days to make final payment and, if necessary, organize collection of order, failing which JoeJude Enterprises will retain order in full, including any payments made to date and defer all items to stock and cash to bank account as payment for inconvenience and storage.
Copyright. Last changes made on March 23rd, 2013 by JoeJude Enterprises. All Rights Reserved.
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All rights reserved JoeJude Enterprises, Bamfaux, Imitation Bamboo, 2008.
"The Lord is my Shepherd, I shall not want."