You should print a copy of these Terms or save them to your computer for future reference. They will be included in the email confirmation we send to you when you place an order.
We amend these Terms from time to time as set out in section 6. Every time you wish to order Goods, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated in June 2014.
These Terms, and any Contract between us, are only in the English language.
1. INFORMATION ABOUT US
1.1 We are Jacques Vert Group Limited, a company registered in England and Wales under company number 01075752 and with our registered office at 46 Colebrooke Row, London N1 8AF.
- To cancel a Contract in accordance with your legal right to do so as set out in section 7, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form on our website. A link to the website cancellation form will be included in our Dispatch Confirmation. If you use this method we will e-mail you to confirm we have received your cancellation. You can also e-mail us at email@example.com or contact our Customer Services team by telephone on 0844 770 5838 or by post to Webber Pavilion, Seaham Grange Industrial Estate, Seaham, County Durham SR7 0PZ, UK. If you are emailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.
- If you wish to contact us for any other reason, including because you have a complaint, you can contact our customer service team by telephone on 0344 770 5838 or by e-mail at firstname.lastname@example.org.
- If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
When we refer, in these Terms, to "in writing", this will include e-mail.
2. OUR GOODS
The images of the Goods on our site are for illustrative purposes only. We have made every effort to ensure that the description and specification of the Goods are correct and the photographic representation of the Goods is as accurate as possible. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Goods. Your Goods may vary slightly from those images. The availability and specification of the Goods are subject to change without notice, although we will try and give you notice wherever possible.
3. USE OF OUR SITE
Your use of our site is governed by our Terms of website use. Please take the time to read these, as they include important terms which apply to you.
4. HOW WE USE YOUR PERSONAL INFORMATION
5. ORDERS AND HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
5.1 You may only purchase Goods from our site if you are at least 18 years old.
5.2 Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
5.3 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. When we accept your order will we notify you by sending you an e-mail that confirms that the Goods have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.
5.4 If we are unable to supply you with any or all of the Goods ordered, for example because an item is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site as referred to in section 10.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Goods, we will refund you the full amount including any delivery costs charged as soon as possible.
5.5 We reserve the right to withdraw any Goods from our site at any time and/or remove or edit any materials or content on our site. We may refuse to process a transaction for any reason at our sole discretion. We will not be liable to you by reason of our withdrawal of any Goods from our site; refusal to process a transaction or suspension of any transaction after processing has begun.
6. OUR RIGHT TO VARY THESE TERMS
6.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed. Every time you order Goods from us, the Terms in force at the time of your order will apply to the Contract between you and us.
6.2 We may revise these Terms as they apply to your order from time to time to reflect changes in relevant laws and regulatory requirements. If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Goods or just the Goods you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Goods you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
7. YOUR CONSUMER RIGHT OF CANCELLATION
7.1 As a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in section 7.2. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep Goods, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.
7.2 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (the date we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out below:
Your Contract is for a single item (which is not delivered in instalments on separate days).
The end date is the end of 14 days after the day on which you receive the Goods. Example: if we send a Dispatch Confirmation on 1 May and you receive the Goods on 10 May you may cancel at any time between 1 May and 24 May.
Your Contract is for multiple Goods which are delivered on separate days.
The end date is 14 days after the day on which you receive the last item ordered. Example: if we send a Dispatch Confirmation on 1 May and you receive the first of your Goods on 10 May and the last of the Goods on 15 May you may cancel in respect of any or all of the Goods at any time between 1 May and 29 May.
7.3 To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form on our site. A link to the cancellation form will also be included in our Dispatch Confirmation. If you use this method we will e-mail you to confirm we have received your cancellation.
You can also e-mail us at email@example.com or contact our Guest Services team by telephone on 0844 770 5838 or by post to Webber Pavilion, Seaham Grange Industrial Estate, Seaham, County Durham SR7 0PZ, UK. If you are e-mailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-mail us before midnight on that day.
7.4 If you cancel your Contract we will:
- refund you the price you paid for the Goods. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop.
- refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the cost of the least expensive delivery method we offer . For example, if we offer 3-5 days’ delivery but you choose to have the Goods delivered within 24 hours at a higher cost, then we will only refund the cost of the cheaper delivery option.
- make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
- if you have received the Goods: 14 days after the day on which we receive the Goods back from you or, if earlier, the day on which you provide us with evidence that you have sent the Goods back to us. For information about how to return Goods to us, see section 7.7;
- if you have not received the Goods: 14 days after you inform us of your decision to cancel the Contract.
7.5 If you have returned Goods to us under this section 7 because they are faulty or mis-described, we will refund the price of the Goods, any applicable delivery charges, and any reasonable costs you incur in returning the Goods to us.
7.6 We will refund you on the credit card or debit card used by you to pay. If you used vouchers to pay for the Goods we may refund you in vouchers.
7.7 If Goods have been delivered to you before you decide to cancel your Contract:
- then you must return them to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. Please see our Delivery & Returns page for information about how to return Goods;
- unless the Goods are faulty or not as described (in this case, see section 7.5), you will be responsible for the cost of returning the Goods to us.
7.8 As a consumer, you have legal rights in relation to Goods that are faulty or not as described. These legal rights are not affected by your right of return and refund in this section 7 or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
8.1 We will contact you with an estimated delivery date, which will be within the timeframes set out on our Delivery & Returns page following the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order) and in any event within 30 days. Occasionally our delivery to you may be affected by an Event Outside Our Control. See section 13 for our responsibilities when this happens.
8.2 If no one is available at your designated delivery address to take delivery, our nominated courier we will leave a delivery note confirming they have attempted a delivery. They will then attempt to contact you to rearrange delivery. There is also a contact number on the delivery note which you can contact to arrange a delivery time suitable to you.
8.3 Delivery of an Order shall be completed when we deliver the Goods to the address you gave and the Goods will be your responsibility from that time. You own the Goods once we have received payment in full, including all delivery charges.
8.4 If we miss an agreed delivery deadline for any Goods then you may cancel your Order straight away if any of the following apply:
- we have refused to deliver the Goods;
- delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
- you told us before we accepted your order that delivery within the delivery deadline was essential.
8.5 If you do not wish to cancel your order straight away, or do not have the right to do so under section 8.4, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.
8.6 If you do choose to cancel your Order for late delivery under section 8.4 or section 8.5, you can do so for just some of the Goods or all of them. If the Goods have been delivered, you will have to return them to us, and we will pay the costs of this. After you cancel your Order we will refund any sums you have paid to us for the cancelled Goods and their delivery.
9. INTERNATIONAL DELIVERY
9.1 We deliver to the following countries outside the UK: Belgium, EIRE, France, Germany, The Netherlands and Spain (International Destinations).
9.2 If you order Goods for delivery to one of the International Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount. You are responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
9.3 You are responsible for compliance with all applicable laws and regulations of the country for which the Goods are destined. We will not be liable or responsible if you break any such law.
10. PRICE OF GOODS AND DELIVERY CHARGES
10.1 All prices are quoted in British Pounds Sterling. The prices of the Goods will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure to ensure that the prices of Goods are correct at the time when the relevant information was entered onto the system. However please see section 10.5 for what happens if we discover an error in the price of Goods you ordered.
10.2 The price of any Goods will be as quoted on the Website, except in cases of obvious error. The price of the Goods on the site may vary from prices quoted in other websites operated by Kaliko, in-store prices and any brochure prices. Prices for our Goods may change from time to time, but changes will not affect any order you have already placed.
10.3 The price of a Goods includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Goods in full before the change in VAT takes effect.
10.4 The price of Goods does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please see our Delivery & Returns page.
10.5 We do not have the facility for VAT free shopping online and cannot refund any VAT for Online orders delivered to the Channel Islands or outside the EU. The VAT invoice that we can provide can be used by you to claim back the VAT paid on an order.
10.6 The price is exclusive of all (if any) withholding taxes, customs, duties, levies or insurance charges which may apply to delivery of Goods to any jurisdiction outside of the EU, you are therefore liable for any of these charges incurred.
10.7 Our site contains a large number of Goods. It is always possible that, despite our best efforts, some of the Goods on our site may be incorrectly priced. If we discover an error in the price of the Goods you have ordered we will contact you in writing to inform you of this error and we will give you the option of continuing to purchase the Goods at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Goods to you at the incorrect (lower) price.
10.8 Any discounts used on our site cannot be used in conjunction with any other sale/discounts or promotional offers. Discounts cannot be exchanged for cash in excess of the nominal value of £0.01 and are not transferable. When claiming a discount on our site, the promotion code must be quoted when prompted at the checkout for the discount to apply. Subsequent requests to amend order details to include a missed discount will be refused. Any refunds will be at the price actually paid and will not include the amount of any discount.
11. HOW TO PAY
11.1 We accept secure online payment by credit card, debit or payment card. We currently accept Electron, Maestro, Visa Credit & Debit, MasterCard and Paypal. Payment will be encrypted to ensure secure electronic transmission of data.
11.2 You confirm that you are entitled to use the method of payment entered on this site. All cardholders are subject to validation checks and authorisation by the card issuer. Please ensure that the details you enter are correct. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us, we will not be liable for any delay or non-delivery. Payment for the Goods and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we dispatch your order.
11.3 We will produce a VAT invoice for VAT registered companies and individuals on request. We will make an administrative charge of £5.00 per invoice and you hereby authorise us to deduct such an amount from the means of payment used to pay for your order.
12. OUR LIABILITY
12.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
12.2 We only supply the Goods for domestic and private use. You agree not to use the Goods for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12.3 We do not in any way exclude or limit our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- any breach of the terms implied by section 12 (title and quiet possession) and sections 13 to 15 (description, satisfactory quality, fitness for purpose and samples) of the Sale of Goods Act 1979; and
- defective products under the Consumer Protection Act 1987.
13. EVENTS OUTSIDE OUR CONTROL
13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by any act or event beyond our reasonable control (an Event Outside Our Control).
13.2 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract we will contact you as soon as reasonably possible to notify you; our obligations under a Contract will be suspended; and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
13.3 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. If you opt to cancel, you will have to return (at our cost) any relevant Goods you have already received and we will refund the price you have paid, including any delivery charges.
14. OTHER IMPORTANT TERMS
14.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
14.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
14.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
14.4 Each of the sections of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining sections will remain in full force and effect.
14.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
14.6 Please note that these Terms are governed by English law. This means a Contract for the purchase of Goods through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.