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Terms & Conditions

Eskimo Joe’s Online Content Terms and Conditions

Please note: All pictures shown online are for illustration purposes only. Actual product may vary.

The Eskimo Joe, ej, ejslush, and Eskimo Joe’s websites, mobile websites, mobile applications, and social media (the "Online Content") are owned and operated by Eskimo Joe’s Limited, Sanderson House, Station Road Horsforth, Leeds LS18 5NT, UK CRN: 8997858, VAT: GB185712783, EORI: GB185712783000


By using or accessing the online content, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, please do not use the online content.


1. Governing law

Eskimo Joe’s controls and operates the Online Content from its offices within the United Kingdom. These Terms of Use are governed by the laws of the United Kingdom. You and Eskimo Joe’s agree to submit to the exclusive jurisdiction of the courts of the United Kingdom. If you choose to access the online content from another location, you are responsible for your compliance with applicable local laws.


2. Revisions to Terms of Use

Eskimo Joe’s may revise or amend these Terms of Use at any time at our absolute discretion by posting revised terms. You agree that, in the event that any portion of these Terms of Use is found to be unenforceable, the remainder of these Terms of Use remain in full force and effect. Any revisions will be effective immediately. By continuing to use the Online Content after any revision becomes effective, you agree to be bound by the revised Terms of Use.


3. Site content, ownership, and use restrictions

The online content is protected by copyright under the laws of the United Kingdom and other countries through international treaties. Unless otherwise indicated and except for information directly from or links to third-party websites, all rights (including copyright) in all content, other material and compilations contained in, or used to create or support Eskimo Joe’s Online Content including text, graphics, logos, button icons, video images, audio clips and navigational and other software (collectively referred to as the Contents) are owned or controlled, and are reserved by Eskimo Joe’s and it's related companies, affiliates, licensors and licensees.

4. Information from and Advertising and Links to Third Party Websites

The online content may contain information from or hyperlinks and other pointers to internet websites operated by third parties. Such information or websites are not under the control of Eskimo Joe’s and Eskimo Joe’s is not responsible for the contents of any such information or website. Eskimo Joe’s provides such information and hyperlinks to you as convenience only, and the inclusion of any link does not imply any endorsement of the linked website by Eskimo Joe’s. You rely on such information or websites entirely at your own risk. You are referred to the relevant third party websites for all information regarding the third parties' products and/or services. Third parties are solely responsible to you, subject to their conditions, for all issues relating to their website including information, goods, services, prices and the delivery of any goods or services you purchase on the third party website.

5. Proper and reasonable use

Permission is granted to display, copy, distribute, download, and print in hard copy portions of Eskimo Joe’s Online Content solely for the proper and reasonable purposes of: 
Placing an order with Eskimo Joe’s; or 
Promoting the sales of Eskimo Joe’s products, or services; or 
Using the Online Content as a shopping resource, provided that you do not modify the Online Content and that 
Eskimo Joe’s retains all copyright and other proprietary notices contained in the Online Content 
You must not, without our prior written permission, exploit any of our materials for any purposes that are not expressly permitted under these Terms of Use.

6. Prohibited conduct

Except as provided for in #5, “Proper and reasonable use”; you are not authorised, without the prior written permission of Eskimo Joe’s and any other owner of rights in content that you access via the online content, to reproduce, frame, download, store (in any medium), communicate, show or play in public, adapt, change, or create a derivative work from that content. No trademark (whether registered or otherwise) that is contained in the Online Content or otherwise used by Eskimo Joe’s may be used without our prior, specific, written permission or that of the trademark owner. You must not pass-off other products as Eskimo Joe’s; advertise Eskimo Joe’s on your frozen beverages machine or beverage dispenser if not dispensing genuine Eskimo Joe’s products exclusively from the machine or dispenser; advertise Eskimo Joe’s on your premises and not serve or dispense genuine Eskimo Joe’s products from your frozen beverage machine or beverage dispenser. In the case of an Eskimo Joe’s branded frozen beverage machine or dispenser any use of any other syrup product than genuine Eskimo Joe’s branded syrups will void any warranty. Eskimo Joe’s reserves the right to seek a legal remedy and compensation for any misuse, or any case of deceptive or misleading use of any trademark (whether registered or otherwise), or any image that is used by Eskimo Joe’s.

7. We can use your feedback

You grant Eskimo Joe’s an irrevocable, non-exclusive licence to use any material, information and ideas that you transmit to the Online Content or otherwise provide to Eskimo Joe’s from the time you authorise it to be sent. You agree that we can use and adapt any ideas, concepts, techniques, words, images or other content contained in these transmissions for any purpose and without restriction or compensation.

8. General prohibitions

You must not upload, post, transmit or otherwise make available through the Online Content any material which violates or infringes the rights of others (including their privacy and intellectual property rights); is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person; encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law; restricts or inhibits any other user from using the Online Content; affects the functionality or operation of the Online Content or its servers or the functionality or operation of any user's computer systems (e.g. by transmitting a computer virus or other harmful component, whether or not knowingly); or breaches any standards, content requirements or codes promulgated by any relevant authority, including authorities that require Eskimo Joe’s to take remedial action under any applicable industry code.

9. Indemnity

You agree to indemnify and will keep Eskimo Joe’s indemnified against any claim, demand, injury, damage, loss, expense, cost or liability (whether direct or indirect) made against or suffered by Eskimo Joe’s in connection with your use of the Online Content, your breach of these Terms of Use or your breach of any rights of third parties. Products may vary between those delivered and those displayed on the Online content.

10. Ordering goods and services

Any order placed by you in the manner described in the Online Content is an offer by you to purchase a particular product or service for the price (including the delivery and any other charges or fees) specified or described on the Online Content at the time you place your order. You acknowledge that, by placing your order, you are agreeing to pay for and accept delivery of the goods or services ordered unless you ask us to cancel that order, and we send you confirmation of the cancellation prior to the goods or services being dispatched to you. Subject to your compliance with any product specific limitations shown on the Online Content. Eskimo Joe’s may change the prices published on the online content at any time. Prices of products or services placed in the shopping “cart” but not paid for are also subject to change and you agree to pay the price current at the time of payment. While every effort has been made to ensure the accuracy of prices, images and information displayed on the Online Content, Eskimo Joe’s is not responsible for any error and reserves the right to accept or reject your offer for any reason, including without limitation, the unavailability of any product or service, an error in the price, image or the product or service description posted on this Online content, or an error in your order. We may require additional verification or information before accepting any order. We only accept orders from the territories listed on the Online Content. Within this area, our policies as to delivery and returns apply as set out in these Terms of Use. By clicking the 'Complete Order' button on the ejslush website you agree to fully abide by all conditions described within Eskimo Joe’s Online Content Terms and Conditions.

11. Despatch of goods and supply of services

We will use all reasonable endeavours to despatch your order for goods next business day; and to provide services within a reasonable time.

12. Delivery

Depending on what you order and where you live how long it will take for you to receive your order. Orders for syrups, consumables, accessories and posm usually deliver within 2-5 business days. Orders for slush machines or parts usually deliver within 2-10 business days. Orders for services usually deliver within 2-10 business days. Eskimo Joe’s uses only 3rd party logistics providers with proven fast, reliable service, proactive email notification and full track and trace capability. Eskimo Joe’s always use our best endeavours to meet stated timeframes for delivery, however we cannot guarantee delivery timeframes will be met.

13. About our prices

Product or service availability may vary between territories due to different customer offers. All prices are exclusive of VAT/GST/sales tax where applicable. All applicable taxes, delivery charges, and discounts will be applied at the checkout. Prices displayed online are current at the time of issue, but may change at any time and are subject to availability. Prices and availability of items are subject to change without notice. Where permitted in all territories, we reserve the right to limit sales, including the right to prohibit sales to re-sellers.

14. Returns, Refunds and Cancellations

For more information see Eskimo Joe’s Returns, Refunds policy and Slush Machine Warranty and Conditions of Sale.

15. Promotions, Deals, and Offers

“Promotions", or "Deals", or “Specials”, or "Offers" (the "Offer") apply to selected product(s) or service(s) for selected periods (the "Offer Period"). During this time, a product(s) or service(s) listed as part of an "Offer" will be available to order at the specified price for the "Offer Period". The Offer is subject to availability and may be changed or withdrawn without notice by Eskimo Joe’s. Your purchase must be complete before the end of the "Offer Period". The offer only applies to a product(s) or service(s) listed as part of an "Offer" and purchased from Eskimo Joe’s Online Content. Where applicable delivery, taxes, fees and charges will be applied to each item in accordance with Eskimo Joe’s standard delivery options and policies. Normal Eskimo Joe’s terms and conditions for using Eskimo Joe’s online content apply.

16. Store Credits & Vouchers, Discount codes

Unless stated otherwise vouchers or codes for store credits or discount issued for promotional purposes, or otherwise at our discretion (including for goodwill purposes) are only valid for a single transaction; may not be used in conjunction with any other discounts, codes, or offers; and will expire after 30 days from issue. Vouchers, store credits, and discount codes cannot be redeemed for cash, nor will any portion of any voucher or store credit have any cash value. No refund or credit will be applied for any unused voucher or store credit or discount code, nor any unused portion of any voucher or store credit. Where applicable a minimum spend may apply in order to redeem any store credit, voucher, or discount code. Exclusions or restrictions may apply. 

17. Title and risk

Title to the goods purchased from Eskimo Joe’s online does not pass from Eskimo Joe’s to you until we have received payment in full for the goods. All risk in the goods passes to you upon despatch of the goods to your address.

18. Disclaimer of liability

To the extent permitted by law, Eskimo Joe’s will not be liable in contract, tort (including negligence) or otherwise, for any direct, indirect, special, consequential or punitive loss or damages or any loss or damages whatsoever, including (but not limited to) loss of use, data, or profits, arising out of or in connection with: (1) the use, copying, or display of the contents of the Online Content; (2) goods or services supplied by Eskimo Joe’s under these Terms of Use; or (3) a failure or omission on the part of Eskimo Joe’s to comply with its obligations under these Terms of Use. Eskimo Joe’s shall not be liable for any failure or delay in performance of any of its obligation as a result of causes beyond Eskimo Joe’s reasonable control.

19. Limitation of liability

Our total liability to you (if any) in connection with the Online Content, or with these Terms of Use or any goods or services supplied under them, will be limited, at our election, to: (1) in the case of information or services supplied or offered by us, the re-supply of the information or services or payment of the cost of doing this; (2) in the case of goods supplied or offered by us, replacement of the goods, supply of equivalent goods, or payment of the cost of doing this; and/or (3) the amount paid by you (if any).

20. Disclaimer of warranty

Eskimo Joe’s is providing this online content on an 'as is' basis and use of this content is at your own risk. Eskimo Joe’s and its related companies, affiliates, licensors or licensees, and their respective directors, officers, employees or agents make no representation or warranty as to the accuracy, completeness, currency or reliability of the information contained in the online content (including in relation to any products or services). To the extent permitted by law, none of them will be liable or responsible in any way (including in negligence) for errors in, or omissions from, the information contained on the Online Content. To the extent permitted by law, Eskimo Joe’s expressly disclaims all warranties of any kind, whether express or implied, including (without limitation) implied warranties or conditions of acceptability or fitness for purpose.

21. Rights we cannot exclude

The above disclaimer and liability limitation do not exclude any rights, which by law may not be excluded, including but not limited to your rights as a consumer under the applicable local laws

22. Variations

None of the employees or representatives or affiliates or agents of Eskimo Joe’s has the right to bind Eskimo Joe’s to any agreement which does not comply with these terms and conditions. If any one of these Terms and Conditions is rendered void or unenforceable at law then that part shall be severable from these Terms and Conditions and they shall remain otherwise in full force and effect, and you agree to be bound by these Terms and Conditions.

23. Termination

Your ability to purchase goods or services from Eskimo Joe’s may be terminated by Eskimo Joe’s at any time without notice. All restrictions, licences granted by you and limitations of Eskimo Joe’s liability will survive termination.

If you have any questions or comments about Eskimo Joe’s terms and conditions please contact us via our website. We aim to respond to all queries within 2 business days.

 

Last Updated: 31/08/2015