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 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 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.       We now 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 following rules apply to cancellation of your order:

• If you have ordered 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.             Disclaimers

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

8.2.       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.

8.3.       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.

8.4.       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.

8.5.       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.

8.6.       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;

8.7.       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.

8.8.       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.]

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

9.          Your account with us

9.1.    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.

9.2.    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.

9.3.    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

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