Terms and Conditions

Last Updated: April 17, 2024.

Thank you for choosing JollyCarts.com. When you visit or shop at JollyCarts.com, use Jolly Carts products or services, collectively known as “Jolly Carts Services,” provided by Jolly Carts Inc. and/or its affiliates, you agree to the following conditions on behalf of yourself, your household members, and others using the services under your account.

Please review these conditions attentively.

When you utilize a Jolly Carts Service, product, or website, you will also be bound by the guidelines, terms, Privacy Notice and agreements specific to that Jolly Carts Service (“Service Terms”). In the event of any inconsistency between these Terms of Use and the Service Terms, the Service Terms will take precedence.

Updates

We may update the Terms of Use for Jolly Carts periodically, notifying you of changes through reasonable means, such as posting an updated version on the Jolly Carts website. These modifications do not affect disputes prior to the revised Terms of Use. It is your responsibility to regularly check JollyCarts.com for updates. By continuing to use Jolly Carts after any changes, you agree to the updated Terms of Use. The “Last Updated” date reflects the latest revisions.

Digital Communications.

By using Jolly Carts Services and engaging in electronic communications, you agree to receive electronic communications from us, including emails, texts, notifications, and messages via Jolly Carts website or other services. You may retain copies of your records, and these electronic communications fulfill any legal requirement for written agreements, notices, and disclosures.

User-generated content and communications.

You are welcome to contribute content, such as reviews, comments, photos, videos, and other materials, provided that it complies with legal requirements and respects others. Please avoid posting content that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing on intellectual property rights, or objectionable. Avoid sharing viruses, political campaigns, trade appeals, chain letters, mass mailings, or spam.

Kindly use a valid email address and avoid impersonating others or misrepresenting the origin of your content. While Jolly Carts reserves the right to review and modify posted content, it is not obliged to do so on a regular basis.

Unless otherwise stated by Jolly Carts, by posting or submitting content, you grant Jolly Carts a non-exclusive, royalty-free, perpetual, irrevocable, and sublicensable right to use, modify, adapt, publish, distribute, and display your content worldwide. You also permit Jolly Carts and its sublicensees to use the associated name if desired. You confirm ownership or control of the necessary rights to the content, ensuring its accuracy and compliance with our policies. You agree to indemnify Jolly Carts for any claims arising from your content. Jolly Carts may monitor, edit, or remove content or activities but assumes no liability for user-generated content.

Ownership and Protection:

The website, all products, its content such as videos, photos, logos, icons, page headers, scripts, service names, software, and more, are owned or licensed by the Company and protected by copyright and trademark laws, and other intellectual property rights. They should not be used for products or services non-Jolly Carts that may cause confusion or harm Jolly Carts’ reputation. Other trademarks in Jolly Carts Services belong to their respective owners, who may or may not be affiliated with Jolly Carts.

You may view and access our Intellectual Property for personal, non-commercial use, but you must maintain copyright notices. Any commercial or non-personal use requires explicit written consent from us. Contact us for inquiries.

Limited License

By using Jolly Carts Services, you agree to comply with our Conditions of Use and applicable Service Terms. Upon payment, you are granted a limited, non-exclusive, non-transferable, and non-sublicensable license for personal and non-commercial use. Resale or commercial exploitation of our Services is not permitted.

You may not reproduce, resell, distribute, create derivative works, translate, transmit, post, republish, exploit, copy, or use our Products or Services for commercial or non-personal purposes. Collecting product information or engaging in activities that infringe on our rights or harm our reputation is prohibited. Unauthorized downloading, copying, or sharing of account information, as well as data mining, is strictly forbidden.

All rights not expressly granted are reserved by Jolly Carts, our licensors, and content providers. Without written consent, you may not reproduce, sell, or exploit any part of our Services, including trademarks and logos. Framing techniques or hidden text using our name or trademarks are also prohibited. Use our Services responsibly, in compliance with laws. Failure to comply may result in license termination. Contact us for inquiries.

User Account

To access certain Jolly Carts Services, you need your own Jolly Carts account. Log in with a valid payment method associated with your account. In case of payment issues, we may charge another valid method on your account. Manage your payments at Payment Methods. Keep your account and password confidential, restricting access. You are responsible for all activities under your account. Jolly Carts sells products for children to adults using authorized payment methods. If under 18, use Jolly Carts Services with a parent or guardian. Jolly Carts reserves the right to refuse service, terminate accounts, revoke access, modify content, or cancel orders at its discretion.

Copyright Infringement Claim Procedure

Jolly Carts values intellectual property. For copyright infringement concerns, please refer to our Copyright Infringement Reporting Process for instructions and how to report copyright infringement.

Loss Risk

Once we deliver physical items to the carrier, you assume responsibility and ownership, as outlined in our shipment contract.

Returns & Refunds

Jolly Carts only assumes ownership of returned items upon arrival at our address. We may issue refunds without requesting a return, in which case we do not take ownership of the refunded item. For more information, kindly check our Return Policy

Product descriptions

Product descriptions provided by Jolly Carts aim for accuracy, but do not guarantee full reliability, currency, or error-free content. If a Jolly Carts product does not match its description, you may return it unused as your sole remedy.

Product Price & Availability

Please note that Jolly Carts cannot guarantee the price or availability of an item until your order is placed. Errors in pricing or availability may occur on Jolly Carts website. The receipt of an order confirmation does not signify acceptance of your order or confirmation of an offer to sell a product. Jolly Carts reserves the right to cancel orders due to pricing or availability errors, even after you receive confirmation or shipping notice. We may contact you or proceed with cancellation.

Shipping Terms

We ship products to your provided address, following Jolly Carts’ shipping restrictions.  The shipping contract ensures that the risk of loss and title for Products transfers to you upon delivery to the carrier. We do not deliver outside the United States, and certain Products may have restricted delivery within the country. Estimated delivery times depend on the chosen shipping method and destination.

Promo Codes

Promo codes are limited and subject to expiration or discontinuation without notice. They are void where prohibited by law, non-transferable, and non-refundable. We may cancel or change promo codes at any time without notice. Additional conditions may apply at our discretion.

Third Parties

Jolly Carts Services include third-party stores, services, and software provided through a link on our website. If you buy from them, you’re dealing directly with those third parties, not Jolly Carts. We’re not responsible for their offerings or actions. Please review their privacy policies and terms of use.

WARRANTY DISCLAIMER AND LIABILITY LIMITATION

THE JOLLY CARTS SERVICES, INCLUDING ALL INFORMATION, CONTENT, PRODUCTS, AND OTHER SERVICES MADE AVAILABLE TO YOU, ARE PROVIDED “AS IS” AND “AS AVAILABLE,” UNLESS OTHERWISE SPECIFIED IN WRITING. JOLLY CARTS MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE OPERATION OF THE SERVICES OR THE ACCURACY, QUALITY, OR AVAILABILITY OF THE INFORMATION, CONTENT, PRODUCTS, OR SERVICES. YOUR USE OF THE JOLLY CARTS SERVICES IS AT YOUR OWN RISK.

TO THE FULLEST EXTENT PERMITTED BY LAW, JOLLY CARTS DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. JOLLY CARTS DOES NOT WARRANT THAT THE SERVICES, INFORMATION, CONTENT, PRODUCTS, OR SERVICES OFFERED THROUGH THE SERVICES ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL JOLLY CARTS BE LIABLE FOR ANY DAMAGES ARISING FROM YOUR USE OF THE JOLLY CARTS SERVICES OR ANY INFORMATION, CONTENT, PRODUCTS, OR SERVICES INCLUDED THEREIN, INCLUDING DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.”

Indemnification

You agree to defend, indemnify, and hold the Jolly Carts Entities harmless from any liabilities, claims, damages, costs, and expenses arising from your misuse of the Jolly Carts Sites or any breach of these Terms of Use. Jolly Carts has the right to assume exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with Jolly Carts in its defense and settlement.

Arbitration Agreement.

EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, YOU AGREE THAT ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND JOLLY CARTS, INCLUDING ANY PRODUCTS OR SERVICES OFFERED OR SOLD BY JOLLY CARTS OR THE JOLLY CARTS ENTITIES, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A SINGLE NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS OF USE, YOU AND JOLLY CARTS AGREE THAT EACH IS WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY A JURY. This paragraph may be referred to as the Arbitration Agreement in these Terms of Use.

EXCEPT FOR SMALL CLAIMS COURT DISPUTES, YOU AGREE THAT ALL DISPUTES ARISING FROM OR RELATED TO THE TERMS OF USE OR THE RELATIONSHIP BETWEEN YOU AND JOLLY CARTS, INCLUDING PRODUCTS OR SERVICES OFFERED, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, SHALL BE RESOLVED THROUGH BINDING ARBITRATION WITH A NEUTRAL ARBITRATOR, YOU AND JOLLY CARTS AGREE TO WAIVE THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL.

Class Action and Mass Action Waiver

BOTH YOU AND JOLLY CARTS AGREE THAT ANY REQUIRED ARBITRATION UNDER THE ARBITRATION AGREEMENT WILL OCCUR ON AN INDIVIDUAL BASIS. Both parties waive the right to engage in class arbitration, class actions, collective actions, or Mass Actions to the maximum extent permitted by law. A Mass Action refers to the situation where a party, or a group of parties, represented by a law firm or representative, initiates more than one hundred arbitration Demands with common legal or factual questions against Jolly Carts within 180 days of initiating their arbitration Demand. This provision is known as the “Class Action and Mass Action Waiver” in these Terms of Use. These Terms of Use do not prevent you from raising concerns to federal, state, or local government agencies, who, if permitted by law, may act against Jolly Carts on your behalf.

Dispute Resolution

Any disputes or claims regarding your use of Jolly Carts Services will be resolved in the state or federal courts of the District of Columbia. You agree to the exclusive jurisdiction and venue of these courts, and both parties waive the right to a jury trial.

Law And Jurisdiction

By using Jolly Carts Services, you agree that federal law and the laws of District of Columbia, without considering conflict of laws principles, will govern these Conditions of Use and any disputes between you and Jolly Carts.

Policies, Changes, And Severability

Please review our site policies. They govern your use of Jolly Carts Services. We may modify our site, policies, Service Terms, and Conditions of Use. If any condition is deemed invalid, it will not affect the validity of the remaining conditions.

Termination

These Terms of Use remain effective until terminated by you or Jolly Carts. You can terminate them by discontinuing the use of the Jolly Carts Sites. We may terminate these Terms of Use at any time without notice and deny your access to the Jolly Carts Sites if you fail to comply with any term. Upon termination, you must promptly delete all downloaded Materials and Content. Certain sections, including ” User-generated content and communications,” and others, survive the termination.

Contact Information

Jolly Carts Inc.
6218 Georgia Avenue NW Ste 1 – 770
Washington, DC 20011-5125
United States

Email us:
customercare@jollycarts.com