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JO JINGLES LIMITED TERMS AND CONDITIONS OF SALE
WHO WE ARE
These terms will apply to all sales of items via the Jo Jingles online shop (accessible at https://www.jojingles.com/shop) to you, the customer (referred to in these terms as you/your) by Jo Jingles Limited (referred to in these terms as we/us/our).
Jo Jingles Limited is a company incorporated and registered in England and Wales under registration number 03052070 and with its registered office at 22 Wycombe End, Beaconsfield, Buckinghamshire, HP9 1NB. We are registered for Value Added Tax under registration number 604154771.
You can contact us regarding purchases via telephone to (0044) (0) 1494 778989 or email to email@example.com or by post to us at 1 Bois Moor Road, Chesham, Buckinghamshire, HP5 1SH.
To order an item from us, please select the relevant item from the website and click on ‘Add to Basket’. This saves the item for you so that you can continue shopping if you want to. Please note that adding an item to your basket does not reserve that item for you and is not a guarantee of availability.
When you have finished shopping, click on the basket icon to view the items in your basket. You can remove items from your basket at this point and edit the quantity that you want to buy. When you are ready, click on ‘Continue to secure checkout’ to start the checkout process.
The checkout process will take your personal details and your payment details. It will also confirm the delivery charge. When you have submitted all the details, you will be given the chance to review your order. If you are happy with it, click on ‘Complete my purchase’. Your payment card will be charged at this point.
Please note that:
• our items are offered for sale to consumers for their (and their family’s and friend’s) personal use. Our items are not available for sale to businesses or for resale generally; and
• while we endeavour to keep the website up-to-date, we do not guarantee that items shown on the website will be available.
In such circumstances, we will notify you of this and refund your payment.
Following receipt of your order, we will confirm acceptance of it by email. A legally binding contract will be formed once we have confirmed your order. Please check this email carefully and if you need to make any changes to the order please contact our Warehouse as soon as possible on (0044) (0) 1494 778989 or by email to firstname.lastname@example.org. The contract between you and us will consist of your order, our acceptance of your order, these terms and all descriptions and information pertaining to the relevant item that is contained on the website. The contract will be stored electronically in accordance with our archiving policy. These terms, and the contract, is only available in English.
Please note that orders can only be amended prior to dispatch. Should you wish to amend your order after it has been dispatched, you will need to cancel the contract - please see the ‘Returns and Cancellation’ section below.
Unfortunately we are currently unable to accept orders via the telephone, but we hope to have this service available shortly.
Every care has been taken to ensure that all the descriptions and specifications for items on the website are correct and that the colour reproduction is a good representation, however due to variances in monitor resolutions and so on, a slight variance from the actual item(s) can occur.
PRICE AND PAYMENT
While we may display prices for our items on our website, it is possible that, despite our efforts, the website is incorrect. For this reason, the price that you will pay will be set out in our confirmation email. Where this is different from what you believed the price to be, we will inform you of this and give you the option of continuing with, or cancelling, your order. If we are unable to contact you, we will treat your order as cancelled and refund your payment.
The prices shown on the website are inclusive of VAT (where applicable) at the relevant rate, but exclusive of all other taxes and duties. Delivery is charged extra and this charge will be notified to you before you complete your order - please see the ‘Delivery’ section below for more details.
Prices are liable to change at any time in response to third party actions (e.g. increased supplier or delivery costs), but any changes will not affect orders already placed and confirmed.
We accept payment via Credit or Debit Cards but not Amex. We use the services of a third party payment services provider - Stripe, Inc. This ensures that we do not keep or store any of your card details. Stripe is a ‘Participating Organization’ in the Payment Card Industry Security Standards Council and has been independently certified as a PCI Level 1 Service Provider, which means that it is subject to the highest standards of data security and annual re-certification. Please visit https://stripe.com for more information on Stripe.
Should you have any queries or concerns regarding our payments process, please do not hesitate to contact us on (0044) (0) 1494 778989 or email us at email@example.com.
Orders are dispatched Tuesday to Thursday. If for any reason we are unable to process your order, we will contact you.
Delivery costs will be notified to you at the time you place your order and are based on the weight of the item(s) ordered. Orders are sent either by Royal Mail or by Courier (this is dependent on the total size, cost and weight of your order).
We are not responsible for delays caused by third parties e.g. Royal Mail strike action, severe weather, Bank Holidays and busy periods, such as Christmas. These circumstances must be taken into account by you when you place your order.
While we will endeavour to deliver your order to you within 5 – 10 working days, but this is not a guarantee that we will do so. Our legal obligation is to deliver your order within 30 days.
If your order is urgent, please contact us on (0044) (0) 1494 778989 and we will advise you if we are able to dispatch your order the same day or within your requirements. We will also confirm if any additional postage charges apply.
Risk and legal title to your purchased item(s) passes to you on delivery (subject to the ‘Returns and Cancellation’ section below).
In the event that you are not at the delivery address at the time of delivery, Royal Mail will now deliver to a neighbour and leave you a card to advise this (unless you have opted out from this). If a Courier is used they will normally leave a card for you to collect or make alternative arrangements for delivery. Any charges incurred for re-delivery of orders will be at your expense.
Item not arrived
If you do not receive your item you, should contact us via email to: firstname.lastname@example.org, or by telephone to: (0044) (0) 1494 778989. We will investigate your lost order and keep you informed of the progress of your lost item(s). Please note that we cannot send out any replacement item(s) or issue a refund until we have received confirmation from the carrier that the item(s) cannot be found. Note also that Royal Mail do not class an item as missing until at least 15 working days have passed.
RETURNS AND CANCELLATION
It is important that you notify us in accordance with these terms if you want to return your item(s). If an item is returned that we were not informed about, or that does not include all the relevant information, we cannot guarantee that your refund will be managed efficiently or at all.
Cancellation by you
You have a right to cancel your order at any time up to 14 days after you receive delivery of your item. To do so, please let us know via email to: email@example.com or by telephone to: (0044) (0) 1494 778989. If your order has already been dispatched, you will have to return the item(s) to us complete (with the relevant tags still attached), in original condition, unused and still in original packaging to: Jo Jingles Limited, 1 Bois Moor Road, Chesham, Buckinghamshire, HP5 1SH. There is a model cancellation form attached at the end of these terms which you may (but are not obliged) to use. You are responsible for the postage/courier costs in returning your item(s). If you are exercising your rights to change your mind you must send off the item(s) to us within 14 days of telling us that you wish to end the contract.
We advise you to return your item(s) via a recorded or tracked delivery service, as we will not process your reimbursement until we receive the cancelled item(s). We will make any reimbursement without undue delay, and not later than:
• 14 days after the day we received back from you any item(s) supplied;
• (if earlier) 14 days after the day you provide evidence that you have returned the item(s); or
• if your order was not dispatched, 14 days after the day on which we are informed about your decision to cancel the contract.
If you do cancel the contract, we will reimburse all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us). We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
We may make a deduction from the reimbursement for loss in value of any item(s) supplied, if the loss is the result of the item(s) being damaged by you.
Cancellation by us
We reserve the right to cancel the contract if:
• we have insufficient stock to deliver the item(s) you have ordered;
• we do not deliver to your area;
• one or more of the items that you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers; or
• we become aware that you are a business looking to purchase the items for resale.
If we cancel your contract we will notify you by email and will credit to your account any sum deducted by us from your payment card as soon as possible, but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
Returns for defective items
We are under a legal duty to supply items that are of satisfactory quality, fit for their intended purpose and which conform to their description. We hope that you will be delighted with your purchase, however if you feel that your purchase is defective in light of the legal duty set out above, please contact us immediately via email to: firstname.lastname@example.org, or by telephone to: (0044) (0) 1494 778989, quoting your order number and contact details.
Under the Consumer Rights Act 2015, the following options are available to you for defective items:
• If the defect arises within 30 days after delivery, you may reject the item(s) for a full refund;
• If the defect arises after the first 30 days, but within 6 months of delivery, you may return the item(s) for a partial refund that takes into account the use that you have made of the item(s); and
• If the defect arises at any time within 6 months of delivery, you may require us to repair or replace the item (and if you do this during the first 30 days, the right to reject the item(s) for a full refund is paused until after we have delivered the repair or replacement).
We will arrange to collect any defective item(s) from you. Please follow any instructions that our customer service team give you to prepare the defective item(s) for returning. Please note that you have a legal obligation to take reasonable care of the item(s) in your possession or control until they are returned to us.
If we accept that the item(s) are defective (see below for when this may not be the case), we will (at your option) make the necessary repair(s), issue the replacement(s) or refund you for the price paid (including delivery, in the event of a rejection). Any refund will be made using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise, and will be made within 14 days of our acceptance that you are entitled to a refund. You will not incur any fees as a result of the reimbursement.
Items are not defective if the defect is caused by:
• Fair wear and tear;
• Wilful damage, incorrect handling or storage, misuse, accident or negligence (by you or any third party);
• A failure to follow any use or maintenance instructions given by us or the manufacturer; or
• Your attempt to repair the item without our approval.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
We are responsible to you for foreseeable loss and damage that is caused by us. If we fail to comply with these terms, we are responsible for loss or damage that you suffer that is a foreseeable result of our breaking this contract, or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for:
• death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
• fraud or fraudulent misrepresentation;
• breach of your legal rights in relation to the items; and
• for defective items under the Consumer Protection Act 1987.
We are not liable for business losses. We only supply our items for domestic and private use. If you use the items for any commercial, business or re-sale purpose, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
EVENTS BEYOND OUR CONTROL
We have no liability to you for any failure to deliver any item(s) that you have ordered, or any delay in doing so, or for any damage or defect to any item(s) that we have delivered, that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE
We may transfer our rights and obligations under these terms to another organisation.
NOBODY ELSE HAS ANY RIGHTS UNDER THIS CONTRACT
This contract is between you and us. No other person will have any rights to enforce any of its terms and neither of us will need to get the agreement of any other person in order to end the contract or make any changes to it.
IF A COURT FINDS PART OF THIS CONTRACT ILLEGAL, THE REST WILL CONTINUE IN FORCE
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, in whole or in part, the unlawful sections will be deemed deleted from the contract and the remaining paragraphs will remain in full force and effect.
EVEN IF WE DELAY IN ENFORCING THIS CONTRACT, WE CAN STILL ENFORCE IT LATER
If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the items, we can still require you to make the payment at a later date.
If you have a complaint about any part of our service, please contact us via email to: email@example.com; or via telephone to (0044) (0) 1494 778989. Your complaint will be dealt with in accordance with our complaints procedure, a copy of which is available on request.
If you are dissatisfied with our response to your complaint, you may make seek to resolve the complaint via the online dispute resolution platform of the European Union (available via this website: https://ec.europa.eu/consumers/odr/main/index.cfm).
You may also bring legal proceedings in your local court (but you agree that this contract is governed and construed in accordance with English law).
MODEL CANCELLATION FORM
Complete and return this form only if you wish to withdraw from the contract.
(Where you see the symbol [*], this means that you should delete as appropriate)
To: Jo Jingles Limited, 1 Bois Moor Road, Chesham, Buckinghamshire, HP5 1SH
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following items under order number [INSERT ORDER NUMBER]:
• [LIST OF ITEMS TO BE CANCELLED]
Ordered on [INSERT DATE], received on [INSERT DATE] (if applicable).
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):