Terms & Conditions
This page (together with the documents referred to on it) identifies the terms and conditions on which you may make use of our site and upon which we supply the Products (these “terms”). Please read these terms carefully before using our site and ordering any Products from it. We may revise these terms at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. By using our site, you indicate that you accept these terms and that you agree to abide by them. For reference, a Definitions section is included at the end of these terms and conditions.
You should print a copy of these terms for future reference.
- 1. Access To And Use Of Our Site
- 1.1 Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
- 1.2 You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they accept and comply with them.
- 1.3 Our site is principally intended for use by people resident in the United Kingdom. Persons based outside of the United Kingdom who wish to purchase Products from our site are invited to contact our customer services team to obtain a personalised quote.
- 1.4 If you have any concerns about material which appears on our site, please contact us.
- 2. Intellectual Property Rights
- 2.1 We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
- 2.2 You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
- 2.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
- 2.4 Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
- 2.5 You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
- 2.7 If you wish to make any use of material on our site other than as permitted in clause 7, please address your request to firstname.lastname@example.org
- 3. Reliance On Information Posted
Commentary and other materials posted on our site are not intended to amount to advice on which any reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
- 4. Our Site Changes Regularly
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
- 5. Information About You And Your Visits To Our Site
- 6. Viruses, Hacking And Other Offences
- 6.1 You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
- 6.2 By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately without prejudice to any other claims which we may be entitled to make against you.
- 6.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
- 7. Linking To Our Site
- 7.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
- 7.2 You must not establish a link from any website that is not owned by you.
- 7.3 Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.
- 8. Your Status
By placing an order through our site, you warrant that:
- 8.1 you are legally capable of entering into binding contracts;
- 8.2 you are at least 18 years old; and
- 8.3 unless otherwise agreed with us in advance) you are resident in the United Kingdom.
- 9. How A Contract For Purchase of Products Is Formed Between You And Us
- 9.1 After placing an order for Products, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer from you to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you a Dispatch Confirmation. The contract between us ("Contract") will only be formed when we send you the Dispatch Confirmation.
- 9.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
- 10. Third Party Websites
We may also provide links on our site to the websites of other companies, whether affiliated with us or not. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. We cannot give any undertaking that products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely to the maximum extent permitted by relevant law. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.
- 11. Consumer Rights
- 11.1 You may cancel a Contract at any time within seven (7) working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 15 below).
- 11.2 To cancel a Contract, you must inform us in writing. You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk.
- 11.3 You will not have any right to cancel a Contract for the supply of any Products that are custom made to your specific requirements.
- 11.4 You will be responsible for the costs incurred in returning a product to us
- 11.5 The provisions of this clause 11 do not affect your statutory rights.
- 12. Availability and Delivery
- 12.1 Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances. For the avoidance of doubt, no Product will be delivered until we have received payment for it in full and in cleared funds.
- 12.2 All Products are subject to availability.
- 12.3 It is your responsibility to inspect the product for any transportation damages at the time of receipt. No claim for damages will be warranted without written acknowledgement of damage at the time of receipt. If in doubt, do not accept delivery from the courier company.
- 12.4 A number of the Products available on our site have prescriptive delivery or installation requirements.
- 13. Risk and Title
- 13.1 The Products will be at your risk from the time that they are delivered to you.
- 13.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges and any other amounts then due.
- 14. Price and Payment
- 14.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
- 14.2 The prices of Products listed on our site include VAT but exclude delivery costs except for deliveries of garden buildings to UK mainland addresses.
- 14.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
- 14.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price; we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
- 14.5 If the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing, we are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation.
- 14.6 Payment for all Products must be by credit or debit card via the secure online payment system or, by cheque or BACs. Should you wish to pay by cheque or BACs please contact us at email@example.com further details.
- 15. Our Refunds Policy
- 15.1 When you return a Product to us because you have cancelled the Contract between us within the seven (7) day cooling-off period (see clause 11.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day we received the Product. In this case, we will refund the price of the Product in full. However, you will be responsible for the cost of returning the item to us.
- 15.2 If you return a Product to us for any reason otherwise than that detailed in clause 15.1 above (for instance, because have notified us in accordance with clause 26 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Where Products returned by you to us are found by us to have a defect we will refund you in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
- 16. Condition of Supply/Guarantee
- 16.1 Where we are not the manufacturer of the Product, we will endeavour to transfer to you the benefit of any warranty or guarantee given to us.
- 16.2 We warrant that on delivery, and for a period of 12 months from the date of delivery, the Product shall:
- 16.2.1be of satisfactory quality within the meaning of the Sale of Goods Act 1979; and
- 16.2.2 be fit for purpose;
- 16.3 Without prejudice to clause 16.2, all garden buildings sold through our site are warranted by us for an additional 24 months (being 36 months in total) from the date of delivery as being free from defect or faulty installation, provided always that it was erected and installed by our professional install team.
- 16.4 We warrant that all products, excluding products that are inserted into the ground, sold through our site will remain free from decay and insect attack for a period of 10 years from the date of delivery.
- 16.5 We shall not be liable for a breach of any of the warranties detailed in this clause 16 unless:
- 16.5.1 you give written notice of the defect to us, and, subject to clause 16.6.4 below, if the defect is as a result of damage in transit to you, within 7 days of the date of delivery; and
- 16.5.2 we are given a reasonable opportunity after receiving the notice of examining such Products and you (if asked to do so by us) returns such Products to our place of business at our cost for the examination to take place there.
- 16.6 We shall not be liable for a breach any of the warranties detailed in this clause 16 if:
- 16.6.1 you make further use of the Product after giving such notice; or
- 16.6.2 the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Product; or
- 16.6.3 you alter or repair the Product without the written consent of the Company; or
- 16.6.4 the defect is a result of damage in transit to a Product installed by one of our approved contractors and that Product has been signed as received by you following installation.
- 16.7 Subject to clause 16.5 and 16.6 if any Product does not conform with the warranties in this clause 16 we shall at our option repair or replace the Product (or a defective part) or refund the price of such Product, provided that, if we so request, you shall, at our expense, return the Product or part thereof which is defective to us.
- 16.8 If we comply with clause 16.7 above we shall have no further liability whether for a breach of warranty in this clause 16 or otherwise in respect of such Products.
- 17. Our Liability
- 17.1 Without prejudice to clause 16 above, the material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
- 17.1.1 all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
- 17.1.2 any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill;
- wasted management or office time; and
for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
- 17.2 This does not affect our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, our liability under section 2(3) of the Consumer Protection Act 1987, or any other liability which cannot be excluded or limited under applicable law.
- 17.3 Our total liability for all losses you suffer as a result of us breaking this Contract is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaking the Contract. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
- 18. Import Duty
- 18.1 If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes and accordingly hereby indemnify us in respect of these amounts in the event that we pay them. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
- 18.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
- 19. Written Communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
- 20. Notices
All notices given by you to us must be given to j-class.co.uk at firstname.lastname@example.org or sent to us in writing. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 19 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
- 21. Transfer Of Rights And Obligations
- 21.1 The Contract between you and us is binding on you and us and on our respective successors and assigns.
- 21.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
- 21.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
- 22. Events Outside Our Control
- 22.1We 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 events outside our reasonable control ("Force Majeure Event").
- 22.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- 22.2.1 strikes, lock-outs or other industrial action;
- 22.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- 22.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- 22.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- 22.2.5 impossibility of the use of public or private telecommunications networks or any utilities or services;
- 22.2.6 the acts, decrees, legislation, regulations or restrictions of any government.
- 22.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
- 23. Waiver
- 23.1 If we fail, at any time during the term of a Contract, to insist on strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
- 23.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
- 23.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 20 above.
- 24. Severability
If any of these terms or any provisions of a Contract are determined by any competent binding authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
- 25. Entire Agreement
- 25.1 These terms and any document expressly referred to in them represent the entire agreement between us in relation to your use of our site and/or the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
- 25.2We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms.
- 25.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party´s only remedy shall be for breach of contract as provided in these terms.
- 26. Our Right To Vary These Terms
- 25.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
- 25.2 You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
- 27. Law And Jurisdiction
Use of these terms, and Contracts for the purchase of Products through our site, will be governed by English law. Any dispute arising from, or related to, such Contracts or a visit to our site shall be subject to the exclusive jurisdiction of the courts of England and Wales.
- 28. Definitions
As used in these terms and conditions now or hereafter associated herewith: "Dispatch Confirmation" means an e-mail from us to you confirming that the Product(s) you have ordered have been dispatched; "our site" means www.j-class.co.uk; "Products" means the products available for purchase on our site; "we" means Jagram Ltd., a company registered in England and Wales under company number 05634989 and have our registered office at Unit 12 Westway Business Centre, Marksbury, Bath, BA2 9HN and "our" and "us" shall be construed accordingly;"you"means the user of our site and/or the purchaser of Products.
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