IMPORTANT CUSTOMER INFORMATION|
These are the terms and conditions for Jaycia (referred in this document to as the 'company', 'we' or 'us') and use of our website at www.jaycia.co.uk
If you do not agree with the terms and conditions as set out below please do not use this website or place any orders with us. Terms and conditions valid from 21st November 2011.
1. The Contract between You and Jaycia
On receipt of your order, we will send you an "Order Confirmation" by email. This Order Confirmation does NOT constitute an acceptance of your order. Your order will be accepted only when we receive payment of the whole of the price of the goods that you order, after which we will arrange the despatch of the goods to you. Our acceptance of your order brings into existence a legally binding contract between us. In submitting your order, you warrant that you are 18 years of age or older.
2. Accepted Minimum Orders and Prices
For new customers we only accept a minimum order total of £100 net (exclusive of VAT). For customers placing repeat orders we do not have a minimum level. Our minimum carriage paid order within the UK mainland is £150.00 net - below this sum carriage is charged at £6.00. Carriage costs outside the UK will be calculated on an individual order basis.
Prices displayed on this website are exclusive of VAT and are subject to change without notice.
Any shortages or complaints must be notified within 24 hours of receipt of goods by writing to our support page or to firstname.lastname@example.org. All goods remain the property of JAYCIA until paid for in full. Please make all cheques payable to JAYCIA. Alternatively we are happy to accept payment by credit or debit card.
First orders are normally dealt with on a pro forma basis. Thirty days credit may be allowed on subsequent orders after completion of a credit application form Download Credit Application Form here. Interest may be charged on late payments.
3. Your Right to Cancel Your Contract
To cancel your contract you must notify us in writing (an email will suffice). Where your right to cancel applies, should you receive the goods before you cancel your contract then you must send the goods back to our contact address at your own cost and risk.
If you cancel your contract but we have already processed the goods for delivery then you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible. In the case of large items delivered by our specialist couriers, contact our support page within 7 working days after the date that the item was delivered to you to discuss the return.
Once you have notified us that you are cancelling your contract, any sum paid to us will be re-credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.
Nothing in this clause affects our Returns Policy (see Clause 8.), which does not form part of this contract but which lays out the Jaycia Guarantee.
4. Cancellation By Us
We reserve the right to cancel the contract between us if:
a) We have insufficient stock to deliver the goods you have ordered
b) We do not deliver to your area
c) One or more of the goods 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.
If we do cancel your contract we will notify you and we will re-credit to your account any sum deducted by us as soon as possible but in any event within 30 days of the date on which you submit your order to us ("the Order Date"). We will not be obliged to offer any additional compensation for disappointment suffered.
5. Delivery of Goods
We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order. Your goods should arrive within 7 days of our receipt of your order, and in any event within 30 days of the Order Date (date on which you submit your order to us). You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk (even though you may still be entitled to cancel the contract under Clause 3.) and we will not be liable for their loss or destruction.
If you do not receive goods ordered by you within 30 days of the Order Date, you must notify us in writing (an email will suffice) of the problem within 44 days of the Order Date.
We are unable to deliver to PO boxes. Our larger parcels are sent by a service which requires a signature on receipt. If the delivery company tries to deliver but no-one is in they will leave a card asking you to call either to re-arrange delivery or to have your parcel diverted to another address, for which there may be a charge you may have to pay.
If the goods we deliver are not what you ordered or are damaged or defective or the delivery is incorrect, we shall have no liability to you unless you notify us in writing (an email will suffice) of the problem within 24 hours of the delivery of the goods in question.
If you do not receive goods ordered by you within 30 days of the Order Date (the date on which you submitted the order to us), we shall have no liability to you unless you notify us in writing, or through our support page, of the problem within 44 days of the Order Date.
If you notify a problem to us under this condition, our only obligation will be, at your option:
a) to make good any shortage or non delivery;
b) to replace or repair any goods that are damaged or defective; or
c) to refund to you the amount paid by you for the goods in question in whatever way we choose.
Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business, or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount you paid for the goods in question
Nothing in these Terms and Conditions is intended to limit any rights you may have as a consumer under applicable local law or other statutory rights that may not be excluded, nor in any way to exclude or limit our liability to you for death or personal injury resulting from our negligence or breach of this contract.
7. Events Beyond the Company's Control
We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lockouts, and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accidents.
8. Return Policy
We want you to be completely satisfied with your purchases so please let us know if there is a problem, and we can rectify the situation. We try to ensure that the products are the same as our original samples, although sometimes differences do occur. Items are described and photographed as accurately as possible, but please note that sizes, colours and designs may vary.
If for any reason you are unhappy with your purchase, please contact us as soon as possible through our support page or and we will email you a customer advice note. Then just return the item in its original condition (if possible in the original packaging), with your customer advice note, within 14 days of the date of receipt and we will refund the cost of the item or send you a replacement.
Please note we are only able to replace identical products (requests for different styles acceptable), so if you wish to order additional items it will be treated as a new order. The Jaycia Guarantee is in addition to your statutory rights.
If the product is defective in any way or has become damaged in transit, or if we sent you an item you did not order (an "incorrect" item), you must notify us in writing at our support page within 24 hours of the date of receipt. In the event of this you must email email@example.com.
All item(s) must be returned to us within 14 days of the date of receipt. Please note we will not issue a refund or replacement until we have received the returned item. Nothing in this Returns Policy affects your statutory rights or your rights under any contract you may have with us.
These Terms and Conditions set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any person on our behalf should be understood as a variation of these Terms and Conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
10. Third Party Rights
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
11. Governing Law
The contract between us shall be governed by and interpreted in accordance with English Law and the English Courts shall have exclusive jurisdiction to resolve any disputes between us.
We store and process customer data in accordance with the current legal requirements of the Federal data protection law, the telecommunications laws and the teleservices protection law. We only collect customer information that is necessary for what we do. For example, when you order online, we need to have your name, email address, phone number, mailing address, credit card holder address if different, credit card number and expiry date. This enables us to process your order and to notify you regarding its status (e.g., that it is on its way, or if we are temporarily out of stock, etc.)
Customer information will be stored by the company and credit information may be shared for monitoring and information purposes with our representative body, The Giftware Association, and with other members of The Giftware Association.