Jam Attic Boutique Ltd
TERMS AND CONDITIONS OF SALE
1. Orders
a) All contracts of sale made by Jam Attic shall be deemed to incorporate these terms and conditions, which shall prevail over any other terms from the party (“the customer” ) with whom Jam Attic is dealing. Cancellation of orders by consumers can only be accepted in accordance with the Consumer Contracts Regulations 2014.
b) All orders are subject to acceptance and to availability of the goods ordered. Jam Attic is entitled to refuse any order placed by you.
c) You undertake that: 1. all details you provide to us for the purpose of purchasing goods or services offered on our website are correct and 2. the credit or debit card you use to make a purchase from us is your own or your company’s card, that you are authorised to use it, and that there are sufficient funds or credit facilities to cover the cost of any goods or services you order from us. We reserve the right to obtain validation of your credit or debit card details before providing you with any goods or services.
2. Prices
a) All prices are inclusive of VAT at the current rates where applicable and are correct at the time of entering information.
b) Jam Attic reserves the right to change prices without prior notice.
3. Delivery, Title and Risk
a) Any time or date stated for delivery is an estimate only. Jam Attic makes every effort to despatch goods on time, but does not accept liability for failure to deliver within the stated time.
b) If the Buyer fails to take delivery at the time specified in the Contract the Seller shall be entitled without prejudice to any other rights it may have to either treat the Contract as at an end and resell the goods and/or invoice the Buyer for the goods at which point payment in full shall immediately become due and payable.
c) Jam Attic does not accept liability for shortages or damage to deliveries unless the Customer notifies Jam Attic of the shortage or damage in writing within 7 days of receipt of the delivery.
d) The customer has to accept the goods when they are ready for delivery.
e) Delivery is deemed to take place when the goods are delivered to the Customer’s nominated address, whereupon the risk of loss, breakage and all damage and all other risks shall pass to the Customer.
f) Title in the goods does not pass to the Customer until payment is received in full by Jam Attic.
4. Product Specifications
If Jam Attic cannot supply the goods ordered by the Customer, Jam Attic reserves the right to offer goods of equal or superior quality at no extra cost. In such a case, if the Customer does not wish to accept the alternative goods offered, he or she may cancel the order and require the refund of any money paid to Jam Attic in respect of that order. This shall be the sole remedy of the Customer in these circumstances.
5. Warranties and Returns
a) Jam Attic is committed to providing our customers with the highest quality products and service. However, on rare occasions, products may be found to be faulty or defective. In such cases, we offer the returns facilities described below.
b) All goods supplied by Jam Attic are warranted to be generally free from defects in workmanship and materials and fit for the purpose for which such goods would normally be used. If you purchase goods in the course of your business, all other express or implied terms or warranties relating to the goods are excluded to the fullest extent permitted by law. Subject to this, however, goods are not tested or sold as being fit for any particular or for use under specific conditions, unless expressly agreed in writing. All services provided by Jam Attic will be provided with reasonable skill and care and within a reasonable period.
c) Subject to the right of consumers to return goods for refund under The Consumer Protection (Distance Selling) Regulations 2000 Jam Attic does not sell products on a trial basis. Customers are strongly advised to check suitability and specifications of products before ordering. d) In the event that Jam Attic, at its discretion (unless the Consumer Contracts Regulations apply), agrees to accept the return for credit of unwanted products, the goods must be returned within the guidelines of the Returns Policy.
6. Jam Attic’ Liability
Jam Attic shall under no circumstances be liable for any consequential or indirect damage or loss, however caused, (including (but not restricted to) loss of business or profits, loss of goodwill, damage to trading relationships, loss of data and other financial loss. (“Financial loss” in this sense does not refer to the price you have paid for the goods, which we may be liable to refund to you, in whole or in part, if the goods are faulty or do not comply with their description). Jam Attic’ liability in respect of all other losses shall be limited to the invoiced amount of the relevant order, provided it has been paid. b) Nothing in this agreement shall limit Jam Attic’ liability for death or personal injury caused by its negligence.
7. Promotional Offers
On occasion Jam Attic chooses to run promotions and offers on selected products or lines. Qualifying promotions and offers will be automatically applied to your order both on the website and in-store and are subject to the below terms and conditions:
• With the exception of free delivery offers, promotions cannot be used in conjunction with any other offers
•Offers are valid only on the full-price products indicated
•Offers are valid for limited-time periods except clearance sale items
•Gift Cards and our Gift Box service are exempt from all offers
•If an item is returned for a refund that brings the amount spent below any qualifying amount, the refund may be reduced to reflect this
•All offers are subject to stock availability. Jam Attic reserves the right to amend, withdraw or extend offers at any time, without prior notice.
8. Health and Safety
a) In accordance with the Health and Safety at Work, etc Act 1974 and the Consumer Protection Act 1987, Jam Attic confirms that the goods it supplies as a distributor do not present a hazard to health and safety (1) when properly used for the purpose for which they are designed, and (2) if the Customer takes reasonable and normal precautions in their use.
9. Force Majeure
Where, in spite of its reasonable efforts, Jam Attic is unable to perform an obligation due to force majeure, it shall not be deemed to be in breach of its contract with the Customer.
10. The Consumer Contracts Regulations 2014
a) Contracts for the purchase of goods by a customer not acting in the course of a business and made over the telephone or through the Jam Attic website, or by mail order, are, with the exception of certain excepted contracts, subject to The Consumer Contracts Regulations 2014 (“the Regulations”).
b) If the Regulations apply, Customers may cancel goods purchased from Jam Attic by sending a written notice of cancellation by post or hand delivery addressed to Jam Attic 20 Market Hill, Southam CV47 0HF.
c) The notice of cancellation must be sent within 14 working days of the date of delivery after the goods are received.
d) The Customer will be responsible for the cost of returning the goods if they exercise this right of cancellation under the Regulations. If the Customer does not actually return the goods to Jam Attic, the Customer is under a duty to make the goods available for collection at the Customer’s expense from the address to which they were delivered.
e) The Customer is under a duty to retain possession of the goods whilst awaiting return to Jam Attic and to take reasonable care of them during this period. The Customer will be liable for any loss of or damage to the goods if they fail to comply with this obligation.
11. Errors and Omissions
a) Jam Attic makes every effort to ensure that all prices and descriptions quoted on its website are correct and accurate. However, the fast-moving nature of e-commerce makes it inevitable that mistakes will occasionally occur. In the case of a manifest error or omission, Jam Attic will be entitled to rescind the contract, notwithstanding that it has already accepted the Customer’s order and/or received payment from the Customer. Jam Attic’ liability in that event will be limited to the return of any money the Customer has paid in respect of the order. In the case of a manifest error in relation to price, the Customer will be entitled to purchase the goods by paying the difference between the quoted price and the correct price, as confirmed in writing by Jam Attic after the manifest error has been discovered.
b) A ‘manifest error’, as the term is used in sub-paragraph a) above, means, in relation to an incorrect price, a price quoted in error by Jam Attic which is more than 10% less than the price that would have been quoted had the mistake not been made.
12. General
a) Nothing in these terms and conditions affects your statutory rights as a consumer
b) If any provision in this agreement is held to be invalid or unenforceable, it shall be deemed severed from the Agreement and this shall not affect the validity or enforceability of the remaining provisions.
c) Any waiver of a breach of this Agreement must be in writing
d) Any variation of this Agreement must be in writing and signed by a duly authorised Jam Attic official.
e) The headings are for convenience only and shall not affect the interpretation of these terms and conditions.
f) Any notices given under these terms and conditions shall be in writing and sent: (1) by first class pre-paid post to the last known address of the party, or (2) by e-mail to the last notified e-mail address of the party.
g) The notice shall be deemed served: (1) two working days after posting, or (2) after system confirmation of e-mail delivery.
h) These terms and conditions shall be governed by and construed in accordance with the laws of England and the parties submit to the exclusive jurisdiction of the English courts.
i) Jam Attic reserves the right to change or amend these terms and conditions at any time and without prior notice.
13. LAW
The Contract is governed by, and is to be construed in accordance with, English Law and the Seller and the Buyer irrevocably submit to the exclusive jurisdiction of the English Courts.
14. THIRD PARTY RIGHTS
The Contracts (Rights of Third Parties) Act 1999 is expressly excluded from the Contract.
15. MISCELLANEOUS
(a) The Buyer may not assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract without the Seller's prior written consent.
(b) Notices shall be deemed to have been duly given if sent by pre-paid first-class post, fax or email transmission (confirmed by pre-paid first-class post) or personal delivery. Notices given by post shall be deemed to have been given 2 business days after dispatch and notices given by fax or email transmission or personal delivery on the date of transmission or delivery.
(c) If any provision or part of any provision of the Contract is or becomes invalid, illegal, or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part of any provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.
© 22nd November 2022