Terms and Conditions


Welcome to JemmaCo Limited (we/us/our/the Company) website at www.jemmaco.com (the “Site”). These terms of use, together with any other documents, policies and terms referred to herein, set out the terms of use under which you may use this Site (the “Terms”).

Any reference to “you” in these Terms includes yourself and any person that accesses or uses the Site and the services we make available via the Site (the “Services”) on your behalf, whether as a guest or a registered user.

Please read these Terms carefully before using this Site. By using our Site, you confirm that you accept these Terms and agree to comply with them. Your agreement to comply with and be bound by these Terms is deemed to occur upon your first use of our Site. If you do not agree to these Terms, you must not use our Site.

1. Other applicable Terms

These Terms incorporate our Privacy & Cookie Policy, which also apply to your use of the Site. CLICK HERE FOR MORE INFORMATION

Our Privacy Policy sets out the terms on which we collect, process, share and store any personal data we collect from you, or that you provide to us. Our Cookie Policy sets out information about the cookies on our Site. We will only use your personal data as set out in our Privacy & Cookie Policy.

2. Information about us

The Site is owned and operated by JemmaCo Limited 30 Belmont Avenue Bournemouth bh80an (our “Company Address”).

3. Changes to these Terms

We may revise these Terms at any time by amending this page. Please check this page from time to time for any changes, as they are binding on you upon your first use of the Site after the changes have been introduced. In the event of any conflict between the current version of these Terms and any previous version(s), the provisions that are current and in effect will prevail (unless it is expressly stated otherwise).

4. Changes to our Site

We may update our Site from time to time, and may change the content and Services at any time. However, please note that any of the content on our Site may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that our Site, or any content on it, will be free from errors or omissions.

5. Accessing our Site

We do not guarantee that our Services, our Site, or any content on it, will always be available or be uninterrupted. Access to our Site is permitted on an “as is” temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Site or Services without notice. We will not be liable to you if for any reason our Site is unavailable at any time or for any period.

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 other applicable terms and conditions, and that they comply with them.

6. Intellectual Property Rights and Use of Material on our Site

We are the owner or the licensee of all intellectual property rights on 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 and, subject to the below, you may not reproduce, copy, distribute, sell, sub-licence, store, or in any other manner re-use content from our Site unless given express written permission to do so by us.

You may print off one copy and may download extracts of any page(s) from our Site for your personal use. You may draw the attention of others within your organisation to content posted on our Site.
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.

Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.

You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our Site in breach of these Terms, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You agree that you will not use our intellectual property rights in any way other than allowed under these Terms and any infringement by you thereof will be a material breach of these Terms.

7. No reliance on Information

The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely. It is your responsibility to ensure that any Services or information available through the Site (either directly or indirectly) meet your specific requirements.

Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up-to-date.

8. Limitation of our Liability

Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the fullest extent permissible by law, we accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) our Site and Services or the use of or reliance upon our Services or any content included on our Site. To the fullest extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Services, Site or any content on it, whether express or implied, including any guarantee that our Site will meet your requirements.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

● use of, or inability to use, our Site;
● use of or reliance on our Services or any content displayed on our Site;
● loss of profits, sales, business, or revenue;
● business interruption;
● loss of anticipated savings;
● loss of business opportunity, goodwill or reputation; or
● any indirect or consequential loss or damage.

We will not be liable to you for any loss of profit, loss of business, sales or revenue, business interruption, loss of anticipated savings, or loss of business opportunity, goodwill or reputation, or for any indirect or consequential loss or damage.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, 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 content on it, or on any website linked to it. We accept no responsibility or liability arising out of any disruption or non-availability of our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events or acts of war.

We assume no responsibility for the content of websites linked on our Site. Unless expressly stated, these websites are not under our control. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

9. Viruses

We do not guarantee that our Site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our Site. You should use your own virus protection software.

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. A breach of this provision is a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will cooperate 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.

10. Linking to our Site

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.

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.

You must not establish a link to our Site in any website that is not owned by you.

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.

The website to which you are linking must comply in all respects with the Content Standards paragraph set out below (Content Standards).

If you wish to make any use of content on our Site other than that set out above, please contact us at hello@jemmaco.com

11. Prohibited uses

You may use our Site only for lawful purposes. You may not use our Site:

● In any way that breaches any applicable local, national or international law or regulation.
● In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
● For the purpose of harming or attempting to harm minors in any way.
● To send, knowingly receive, upload, download, use or reuse any material which does not comply with our content standards described in the next paragraph (Content Standards).
● To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
● To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

● Not to reproduce, duplicate, copy or resell any part of our Site in contravention of these Terms.
● Not to access without authority, interfere with, damage or disrupt:
○ any part of our Site;
○ any equipment or network on which our Site is stored;
○ any software used in the provision of our Site; or
○ any equipment or network or software owned or used by any third party.

12. Content standards

These content standards apply to any and all material which you upload or contribute to our Site (contributions), and to any interactive services associated with it. You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.

Contributions must:
● Be accurate (where they state facts).
● Be genuinely held (where they state opinions).
● Comply with applicable law in the UK and in any country from which they are posted.

Contributions must not:
● Contain any material which is defamatory of any person.
● Contain any material which is obscene, offensive, hateful or inflammatory.
● Promote sexually explicit material.
● Promote violence.
● Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
● Infringe any copyright, database right or trademark of any other person.
● Be likely to deceive any person.
● Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
● Promote any illegal activity.
● Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
● Be likely to harass, upset, embarrass, alarm or annoy any other person.
● Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
● Give the impression that they emanate from us, if this is not the case.
● Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

13. Suspension and termination

We will determine, in our discretion, whether there has been a breach of these Terms. When a breach has occurred, we may take such action as we deem appropriate, including any of the following actions:
● Immediate, temporary or permanent withdrawal of your right to use our Site
● Immediate, temporary or permanent removal of any posting or material uploaded by you to our Site.
● Issue of a warning to you.
● Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
● Further legal action against you.
● Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of these Terms. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
You agree to fully reimburse us for all losses (including loss of profit, revenue, goodwill or reputation), costs and expenses arising out of any breach of these Terms by you, or any other act or omission by you in using the Site or by any other person accessing the Site using your personal information with your authority that results in any legal responsibility on our part to any third party.

14. Miscellaneous

Clause headings are inserted for convenience only and shall not affect the interpretation of these Terms. We will not lose our rights under these Terms by reason of any delay by us in enforcing those rights.
If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
These Terms, and all incorporated documents referred to herein, constitutes the entire agreement as to your use of and our provision of the Site and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral.
You acknowledge that, in entering into this agreement, you do not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any incorporated documents referred to herein.

Restrictions on what you may Post to Our Website

You agree that you will not use or allow anyone else to use Our Website to Post Content which is or may:

be malicious or defamatory;

consist in commercial audio, video or music files;

Be illegal, obscene, offensive, threatening or violent;

be sexually explicit or pornographic;

be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;

give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business;

solicit passwords or personal information from anyone;

be used to sell any goods or services or for any other commercial use;

include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;

link to any of the material specified above, in this paragraph.

send age-inappropriate communications or Content to anyone under the age of [18].

Security of Our Website

If you violate Our Website we shall take legal action against you.

You now agree that you will not, and will not allow any other person to:

modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.

link to Our Website in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;

download any part of Our Website, without our express written consent;

collect or use any product listings, descriptions, or prices;

collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;

aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of Our Website;

share with a third party any login credentials to Our Website.

Despite the above terms, we now grant a licence to you to:

  • create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
  • you may copy the text of any page for your personal use in connection with the purpose of Our Website.

Intellectual Property

We will defend the intellectual property rights in connection with our Goods and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).

Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.

You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person.

Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.

Dispute resolution

In this paragraph the term “ADR Provider” means an approved body under the Alternative Dispute Resolution for Consumer Dispute Regulations 2015.

The following terms apply in the event of a dispute between the parties:

If you are not happy with our services or have any complaint then you must tell us by email message to [email address or an updated address which you will find on Our Website].

Detailed information about our complaint handling procedure is at [enter link (if any)]

If a dispute is not settled as set out above, we hope you will agree to attempt to resolve it by engaging in good faith with us in a process of mediation or arbitration.

We can propose an ADR Provider or will listen to your proposal. If you are in any way concerned, you should read the regulations at: http://ec.europa.eu/consumers/odr/.

 

These Terms will be interpreted, construed and enforced in all respects in accordance with the laws of England and Wales, and you irrevocably submit to the jurisdiction of the Courts of England and Wales and you irrevocably submit to the exclusive jurisdiction of the Courts of England and Wales, except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

 

 

SHOP TERMS AND CONDTIONS

1.             Our contract with you

1.1.       This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.

1.2.       Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty, information or document or other term not forming part of this agreement.

1.3.       If you use Our Website in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.

1.4.       [Because we rely on our suppliers, we / We]do not guarantee that Goods advertised on Our Website are available. We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Goods.

1.5.       The price of Goods may be changed by us at any time. We will never change a price so as to affect the price charged to you at the time when you buy those Goods.

1.6.       If in future, you buy Goods from us under any arrangement which does not involve your payment via Our Website; these terms still apply so far as they can be applied.

1.7.       We do not sell the Goods in all countries. We may refuse to deliver the Goods if you live in a country we do not serve.

2.             Acceptance of your order

2.1.       If we do not have all of the Goods you order in stock, we will offer you alternatives. If this happens you may:

  • accept the alternatives we offer;
  • cancel all or part of your order.
  • Acceptance of Goods – Upon receipt, you must inspect the goods. You will be deemed to have accepted the goods unless you notify us that you have cancelled the order and/or you return the goods in accordance with the Returns Policy & Procedure. If no such action is taken, we shall not be obliged to accept any rejection of the goods at a later date. Your statutory rights are not affected.

3.             Price and payment

3.1.       The price payable for the Goods that you order is clearly set out on Our Website.

3.2.       The Price is as set out in the order.

3.3.       It is possible that the price may have increased from that posted on Our Website. If that happens, we will not despatch the Goods until you have confirmed that you wish to buy at the new price.

3.4.       Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than pounds Sterling will be borne by you.

3.5.       If, by mistake, we have under-priced Goods, we will not be liable to supply that those Goods to you at the stated price, provided that we notify you before we dispatch it to you.

3.6.       The price of the Goods does not include the delivery charge which will be charged at the rates applicable at the date you place your order and which will be displayed on a page of Our Website before we ask you to pay.

3.7.       If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than [14] days from the date when we accept that repayment is due.

4.             Security of your credit card

We take care to make Our Website safe for you to use.

4.1.       Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.

4.2.       If you have asked us to remember your credit card details in readiness for your next purchase or subscription, we will securely store your payment details on our systems. These details will be fully encrypted and only used to process your automatic monthly payments or other transactions which you have initiated.

5.             Cancellation and refunds

This and the following paragraph apply if you buy as a consumer as defined in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the “Regulations”). Provided the Regulations apply to the transaction concerned, then the following terms apply to the contract.

5.1.       Wenow inform you that information relating to all aspects of our Goods is not in this document but in our marketing material, whether that is in the medium of Our Website or in hard copy.

5.2.       The followingrules apply to cancellation of your order:

  • If you haveordered Goods, but not received them, you may cancel your order without giving a reason, at any time within 14 days of your order. You will have no obligation and we will return your money.
  • If you have ordered Goods, and received them, you may cancel your order at any time within 14 days of the date you received them. You must tell us that you wish to cancel. You must also send the Goods back to us within that same 14 day period.
  • We will return your money subject to the following conditions:

5.2.3.1            we receive the Goods in a condition in which we can re-sell them at full price, in new condition, with labels and packaging intact.

5.2.3.2            you comply with our procedure for returns and refunds. We cannot return your money unless we know who sent them.

5.3.       The option to cancel your order is not available:

  • if you purchase sealed goods which relate to health or hygiene, and they become unsealed after delivery, or cannot be re-sold for some other reason;
  • if they are a hard medium for a product in soft copy, which comes to you sealed and is returned to us unsealed.
  • If the Goods are somehow mixed with other goods so that we cannot identify or easily separate them.

5.4.       You are responsible for the cost of returning the Goods. We have no obligation to refund to you, your cost of re-packing and returning the Goods.

5.5.       In any of the above scenarios, we will return your money within 14 days.

6.             Delivery 

6.1.        Goods are delivered within [30] days from the day you place an order to purchase the Goods.

6.2.       Deliveries will be made by the Carrier to the address stipulated in your order. You must ensure that someone is present to accept the delivery.

6.3.       If we are not able to deliver your Goods within [30]days of the date of your order, we shall notify you by e-mail to arrange another date for delivery.

6.4.       We may deliver the Goods in instalments if they are not all available at the same time for delivery.

6.5.       All Goods must be signed for on delivery by an adult aged 18 years or over. If no one of that age is at the address when the delivery is attempted the Goods may be retained by the driver. When your Goods arrive, it is important that you check immediately the condition and quantity. If your Goods have been damaged in transit, you must refuse the delivery and immediately contact us so that we may dispatch a replacement quickly and minimise your inconvenience.

6.6.       Signing “Unchecked”, “Not Checked” or similar is not acceptable.

6.7.       If we agree with you to deliver on a particular day or at a particular time, we will do our best to comply. But no time given is to be treated as contractual. So we are not liable to you for any expense or inconvenience you incur on account of delayed delivery or non-delivery.

6.8.       Time for delivery specified on the order, if any, is an estimate only and time shall not be of the essence.

7.             Foreign taxes and duties

7.1.       If you are not in the UK, we have no knowledge of, and no responsibility for, the laws in your country.

7.2.       You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.

8.             Goods returned

These provisions apply if you buy from us other than being a Consumer. The following rules apply to return the faulty Goods:

8.1.       We do not accept returns unless there was a defect in the Goods at the time of purchase, or we have agreed in correspondence that you may return them.

8.2.       Before you return the Goods to us, please carefully re-read the instructions and check that you have assembled it correctly and complied with any provisions relating to the power supply, plugs and sockets.

8.3.       The Goods must be returned to us as soon as any defect is discovered but not later than [14 days].

8.4.       So far as possible, Goods should be returned:

  • with both Goods and all packaging as far as possible in their original condition;
  • securely wrapped;
  • including our delivery slip;[or manufacturer’s delivery slip]
  • at your risk and cost.

8.5.       You must tell us by email message to hello@jemmaco.com that you would like to return Goods, specifying exactly what Goods and when purchased, and giving full details of the defect or other reason for return. We will then issue a returns note. If you send Goods to us without a returns note, we may not be able to identify sufficient details to enable us to attend to your complaint.

8.6.       In returning faulty Goods please encloses with it a note clearly stating the fault and when it arises or arose.

8.7.       If we agree that the Goods are faulty, we will:

  • refund the cost of return carriage;
  • repair or replace the Goods as we choose.

8.8.       If we repair or replace the Goods, you have no additional claim against us either under this agreement or by statute or common law, in respect of the defect.

8.9.       In the case of a reaction to the product, and only with adequate proof of the reaction via a photo, may you receive a refund or another product free of charge, this decision will be made at the company’s discretion.. A JemmaCo reaction form must also be filled out correctly and sent along with the photo and query and must be received within 5 days of the reaction.

 

9.             Disclaimers

9.1.       The law differs from one country to another. This paragraph applies so far as the applicable law allows.

9.2.       All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.

9.3.       We make no representation or warranty for:

  • the quality of the Goods;
  • any implied warranty or condition as to merchantability or fitness of the Goods for a particular purpose;
  • the correspondence of the Goods with any description;
  • the adequacy or appropriateness of the Goods for your purpose.

9.4.       We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.

9.5.       We shall not be liable to you for any loss or expense arising out of or in connection with your use of Our Website, which is indirect or consequential loss, or economic loss or other loss of turnover, profits, business or goodwill. This applies whether in an action of contract, negligence or otherwise, even if such loss was reasonably foreseeable or we knew you might incur it.

9.6.       We make no representation or warranty and accept no responsibility in law for:

  • accuracy of any Content or the impression or effect it gives;
  • delivery of Content, material or any message;
  • privacy of any transmission;
  • any act or omission of any person or the identity of any person who introduces himself to you through Our Website;
  • any aspect or characteristic of any goods or services advertised on Our Website;

9.7.       This paragraph (and any other paragraph which excludes or restricts our liability or provides an indemnity to us) applies to our directors, officers, employees, subcontractors, agents and affiliated companies, as well as to us. Any of them may enforce this provision under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017.

9.8.       If you become aware of any breach of any term of this agreement by any person, please tell us by [state action required]. We welcome your input [but do not guarantee to agree with your judgement.]

9.9.       Nothing in this agreement excludes liability for a party’s fraud.

10.          Your account with us

10.1.    You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods.

10.2.    If you use Our Website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your account.

10.3.    You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.

Contact us

To contact us, please email hello@jemmaco.com

Thank you for visiting our Site.