JayBox Limited - Terms & Conditions of Sale of Goods to Consumers
1. Definitions
2. Orders
3. Prices
4. Delivery, Title and Risk
5. Payment
6. Product specifications
7. Trade names & Trade Marks
8. Warranties & Returns
9. JayBox Limited's liability
10. Health & Safety
11. Force Majeure
12. The Consumer Protection (Distance Selling) Regulations 2000
13. Errors & Omissions
14. Data Protection
15. General terms of business
1. Definitions
1.2 "Consumer" means an individual who is not acting for the purposes of his or her business or profession.
1.3 “Customer” shall mean a Customer of JayBox Limited whether a Business Customer or Consumer.
"Force Majeure" means any cause affecting the performance by JayBox Limited of its obligations arising from acts, events, omissions, happenings or non-happenings beyond its reasonable control.
1.5 "JayBox Limited" means JayBox Limited, also referred to as "we" or "us" in these terms and conditions.
1.6 "Normal Working Hours" means 9 am to 5 pm on a Working Week Day.
1.7 "Working Week Day " means Monday to Friday, excluding Bank or other Public Holidays.
2. Orders
2.1 All Contracts of Sale made by JayBox Limited shall be deemed to incorporate these terms and conditions, which shall prevail over any other terms from the party ("the Customer") with whom JayBox Limited is dealing. Cancellation of orders by Consumers will be accepted in accordance with the Consumer Protection (Distance Selling) Regulations 2000. Nothing in these terms and conditions is intended to impinge upon a Consumer's statutory or contractual rights to reject faulty goods.
2.2 All orders are subject to acceptance and to availability of the goods ordered: JayBox Limited is entitled to refuse any order placed by you.
2.3 You undertake that:
a) all details you provide to us for the purpose of purchasing goods or services offered on our web site are correct, and
b) the credit or debit card you use to make a purchase from us is your own 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.
Please note: JayBox Limited may record and / or monitor inbound and outbound calls and electronic traffic for training purposes.
3. Prices
3.1 Goods and services, together with VAT, are invoiced at the price prevailing at time of order.
3.2 JayBox Limited reserves the right to modify its prices from time to time.
4. Delivery, Title and Risk
4.1 Subject to Clause 2. JayBox Limited shall use reasonable endeavours to despatch goods by the date agreed with the Customer, but does not accept liability for failure to deliver within the stated time where this is caused by circumstances beyond our reasonable control. If a delay is likely, we shall contact the Customer and advise of the delay. A Customer shall be entitled to cancel an order when advised of a delay if the revised delivery date is not acceptable.
4.2 Delivery is deemed to have taken place when the goods are delivered to the Customer's nominated address, whereupon the risks of loss, breakage and all damage and all other risks shall pass to the Customer.
4.3 Title in the goods does not pass to the Customer until payment is received in full by JayBox Limited.
4.4 If the Customer cannot accept delivery, JayBox Limited may at its option:
a) store and insure the goods at the Customer's expense and risk, or:
b) sell the goods at the best price reasonably obtainable and (after deducting reasonable storage insurance and selling costs) pay to the Customer any excess over the sale price or charge the Customer for any shortfall, or:
c) re-arrange delivery provided that JayBox Limited shall be entitled to charge the Customer for the additional costs incurred.
4.5 The Customer may request a Proof of Delivery, provided that this request is made in writing within 3 months of the date of delivery and JayBox Limited shall use reasonable endeavours to provide such proof. Thereafter, delivery shall be deemed to have been successfully completed.
4.6 Upon delivery of the goods, the Customer will be asked to sign a Proof of Delivery to acknowledge safe receipt. It is the responsibility of the Customer to ensure that the number of packages delivered corresponds with the number stated on the delivery note. Where a discrepancy occurs or where there is evident damage to the packaging, this should be noted on the Proof of Delivery. JayBox Limited shall not be liable for discrepancies or damage evident on delivery where the Customer accepts delivery and signs the Proof of Delivery without amendment.
5. Payment
5.1 Payment is due prior to shipment.
5.2 Payment may be made by cash, cheque, money transfer, credit card or debit card.
6. Product specifications
6.1 JayBox Limited makes every effort to supply the goods as advertised but reserves the right to supply the goods subject to minor variations in actual dimensions and specifications where these are changed by a third party manufacturer.
6.2 If JayBox Limited cannot supply the goods ordered by the Customer, JayBox Limited 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 JayBox Limited in respect of that order, including carriage charges. This shall be the sole remedy of the Customer in these circumstances.
7. Trade names & Trade Marks
7.1 Trade names and marks (other than JayBox Limited) are not always indications of the actual manufacturer of a particular product and may rather be indicative of general use systems and machines associated with such products.
7.2 JayBox Limited and the Customer acknowledge the intellectual property rights of suppliers and manufacturers of the products appearing JayBox Limited sales literature and on JayBox Limited website.
8. Warranties & Returns
Please note that special terms apply to Consumers who wish to return goods, which prevail over the provisions of this Clause 8. Customers who are Consumers are referred to Clause 13.
8.1 JayBox Limited 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.
8.2 Subject to the right of Consumers to return goods for refund under The Consumer Protection (Distance Selling) Regulations 2000 (see Clause 12), JayBox Limited does not sell products on a trial basis. Customers are strongly advised to check suitability and specifications (including dimensions) of products before ordering.
8.3 In the event that JayBox Limited, at its discretion (unless the Consumer Protection (Distance Selling) Regulations 2000 apply, see Clause 13), agrees to accept the return for credit of unwanted products, the goods must be returned with JayBox Limited prior written agreement within 14 days of delivery. The goods must be unopened and in perfect re-saleable condition. All goods returned in these circumstances (except where the Consumer Protection (Distance Selling) Regulations 2000 apply, see Clause 13) will be subject to a 30% re-stocking fee of JayBox Limited sale price for the goods.
8.4 No contract shall be cancelled once accepted by JayBox Limited nor shall any Goods which are delivered in accordance with the contract be returned without prior written approval of JayBox Limited and on terms to be determined at the absolute discretion of JayBox Limited.
a) JayBox Limited technical support staff or Customer Support staff, as appropriate, will advise you of which method of delivery to use to return the products. Depending on the nature of the product purchased, we will either arrange a courier collection, or request that you return the product directly to us. If the goods are found on inspection to be defective, the cost of returning the item will be refunded to you. Authorised product returns must be sent to: JayBox Limited, Blencathra House, Carleton, Penrith, Cumbria CA11 8SW.
c) JayBox Limited cannot accept liability for packages damaged during transit. It is the Customer's responsibility to package the product adequately to prevent damage.
d) Proof of postage is not proof of delivery and you are therefore strongly advised to send your package by recorded delivery, registered post or courier, and to insure the goods for their full value.
e) On receipt of the returned product, if following the testing process, the product is found to be in good working order without defect, we will return the product to you, and the carriage costs of this return will be your responsibility. Please note that if you have, in the meantime, required us to provide you with a replacement product before completion of the testing process, you will have to pay for this product also. This Clause does not apply to Consumers returning goods pursuant to Clause 13.
9. JayBox Limited' liability
9.1 Nothing in this agreement shall limit JayBox Limited liability for death or personal injury caused by its negligence.
10. Health & Safety
10.1 JayBox Limited confirms that the goods it supplies as a distributor do not present a hazard to health and safety
a) when properly used for the purpose for which they are designed; and
b) if the Customer takes reasonable and normal precautions in their use.
11. Force Majeure
11.1 JayBox Limited shall not be liable to the Customer or be deemed to be in breach of the contract by reason of any delay in performing or any failure to perform any of JayBox Limited obligations in respect of the Goods, if the delay or failure was due to any cause beyond JayBox Limited reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond JayBox Limited reasonable control:
a) act of God, explosion, flood, tempest, fire or accident;
b) war, threat of war, sabotage, insurrection, civil disturbance or requisition;
c) acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
d) import or export regulations or embargoes;
e) strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of JayBox Limited or of a third party);
f) difficulty in obtaining materials, labour or machinery; and
g) power failure or breakdown in machinery.
11.2 If we are unable to provide you with your Goods within a reasonable time due to circumstances outside our control, we shall either agree a new timescale with you for the delivery of the Goods or either of us may decide to terminate the contract in which case we will return any prepayments that you have made in full.
12. The Consumer Protection (Distance Selling) Regulations 2000
12.1 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 JayBox Limited website, or by mail order, are, with the exception of certain excepted contracts, subject to The Consumer Protection (Distance Selling) Regulations 2000 ('the Regulations').
12.2 If the Regulations apply, Customers may cancel goods purchased from JayBox Limited by sending a written notice of cancellation by post or hand delivery addressed to Customer Services at JayBox Limited, Blencathra House, Carleton, Penrith, Cumbria CA11 8SW
12.3 The notice of cancellation must be delivered within 7 working days of the day after date of delivery of the goods.
12.4 The Customer will be responsible for the cost of returning the goods if he or she exercises this right of cancellation under the Regulations. If the Customer does not actually return the goods to JayBox Limited, 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.
12.5 The Customer is under a duty to retain possession of the goods whilst awaiting return to JayBox Limited 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 he or she fails to comply with this obligation.
12.6 The right to cancel does not apply to personalised goods or goods made to a Consumer's specification
13. Errors & Omissions
13.1 JayBox Limited makes every effort to ensure that all prices and descriptions quoted on its website are correct and accurate. However, a dynamic environment makes it inevitable that mistakes will occasionally occur. In the case of a manifest error or omission, JayBox Limited will be entitled to rescind the contract, notwithstanding that it has already accepted the Customer's order and/or received payment from the Customer. JayBox Limited 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 JayBox Limited after the manifest error has been discovered.
13.2 A 'manifest error', as the term is used in sub-paragraph (1) above, means, in relation to an incorrect price, a price quoted in error by JayBox Limited which is more than 10% less than the price that would have been quoted had the mistake not been made.
14. Data Protection
Please note: JayBox Limited has a full and detailed privacy statement available by clicking here on HYPERLINK "http://www.jayboxathome.co.uk" www.jayboxathome.co.uk
14.1 JayBox Limited' website employs the SSL (Secure Socket Layer) encryption standard in all secure areas, including login pages, Customer information and payment details. Provided the Customer is using an SSL-compliant browser such as Netscape's Navigator, Microsoft's Internet Explorer, Opera or Firefox, the Customer is able to conduct encrypted transactions without fear of an intermediary obtaining the Customer’s credit card information.
14.2 Data Protection & Data Security
Data is maintained under the provisions of the Data Protection Act (1998). JayBox Limited may contact the Customer from time to time to verify and update the data JayBox Limited holds on the records of the Customer.
14.3 Information Automatically Logged
JayBox Limited uses your IP (Internet Protocol) address to help diagnose problems with JayBox Limited server and to administer JayBox Limited website. The Customer’s IP address is also used to help gather broad demographic information. A disk-based cookie (non session) is used to identify the Customer.
14.4 Registration and data sharing
JayBox Limited site registration and order form requires users to give JayBox Limited contact information (such as name, email, and postal address), unique identifiers (such as username and password), demographic information (such as postcode), and financial information (such as account or credit card numbers).This data is stored for use in all JayBox Limited' marketing communications and analysis.
14.5 JayBox Limited will NOT share the Customer's email address or personal telephone number with ANY 3rd parties.
15. General terms of business
15.1 Nothing in these terms and conditions affects your statutory rights as a Consumer.
15.2 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.
15.3 Any waiver of a breach of this Agreement must be in writing.
15.4 Any variation of this Agreement must be in writing and signed by a duly authorised JayBox Limited official.
15.5 The headings are for convenience only and shall not affect the interpretation of this Agreement.
15.6 Assignment: You must not transfer any Contract made with us under these Conditions, as it is personal to you, without written authority from us. This authority will not be refused without good reason.
15.8 Customer Service queries
JayBox Limited shall make every reasonable effort to resolve or acknowledge by post, telephone or email any queries which the Customer has made within 48 hours of receipt of any such query.
JayBox Limited shall make every reasonable endeavour to respond to complaints within 5 working days and keep the Customer reasonably notified of any progress thereafter.
Telephone calls made to JayBox Limited may be recorded for training purposes.
15.9 Third Party (Rights) Act 1999
No third party shall be allowed to enforce any rights under this contract.
The parties hereby exclude the application of the Contracts (rights of Third Parties) Act 1999 to each and every contract made under these Conditions.
15.10 No Waiver
JayBox Limited' failure to insist upon strict performance of any provision of these Conditions shall not be deemed a waiver of its rights or remedies in respect of any present or future default of the Customer in performance or compliance with any of these Conditions.
15.11 Notice
Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed to the other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving notice.
Notice shall be delivered personally or sent by first class prepaid recorded delivery of by registered post (airmail if overseas) or by facsimile transmission and shall be deemed to be given in the case of delivery personally on delivery and in the case of posting (in the absence of evidence of earlier receipt) 48 hours after posting (six days if sent by airmail) and in the case of facsimile transmission on completion of the transmission provided that the sender shall have received printed confirmation of transmission.
15.12 Enforceability
If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provision of these Conditions and the remainder of the provision in question shall not be affected.
15.14 Jurisdiction
The Contract shall be governed by the laws of England & Wales and the Customer agrees to submit to the non-exclusive jurisdiction of the English courts. |