Terms and Conditions
1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply products to you.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
1.3 By placing an order you shall be deemed to have accepted these terms and conditions.
1.4 Nothing in these terms shall affect your statutory rights as a consumer.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Jas It Up, a sole trader established in England and Wales.
2.3 How we may contact you. If we have to contact you we will do so by writing to you at the email address or postal address you provided to us in your order.
2.4 ”Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 How we will accept your order. Our acceptance of your order will take place when we take payment at which point a contract will come into existence between you and us.
4. OUR RIGHTS
4.1 We reserve the right to adjust the price and specification of any product on our website at our sole discretion.
4.2 We reserve the right to withdraw any products from our website at any time. We shall not be liable to anyone for withdrawing any products from our website or for refusing to process an order.
4. OUR PRODUCTS
4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
4.3 Sizes may vary slightly from those indicated on our website. The sizes of the products on our website are approximate only. Although we have made every effort to display the sizes accurately, we cannot guarantee that the size is accurate.
5.1 We warrant that the products will at the time of dispatch correspond to the description given by us. Except where you are a consumer, all other warranties, conditions, or terms relating to fitness for purpose, merchantability or condition of the products, whether implied by statue, common law or otherwise are excluded and the purchaser is satisfied as to the suitability of the products for the purchaser’s purpose.
6. PROVIDING THE PRODUCTS
6.1 Delivery costs. The costs of delivery will be as displayed to you on our website.
6.2 When we will provide the products. You must pay the price and the delivery costs in full before we will dispatch the products. We will dispatch the products to you within 3-4 working days following receipt of payment in full and, in any event, within 30 days after such payment.
6.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event.
6.4 When you become responsible for the goods. The product will be your responsibility from the time we deliver the product to the address you gave us at the time you placed your order.
6.5 When you own goods. You own the product once we have received payment in full.
7. YOUR RIGHTS TO CANCEL AND RETURN THE PRODUCTS
7.1 You must inspect the products as soon as you receive them from us and notify us by telephone or email if they are faulty, mis-described or otherwise do not comply with these terms and conditions. If you fail to do so, you shall be deemed to have accepted the products.
7.2 You can cancel your contract with us if the products are faulty or mis-described or do not comply with these terms and conditions.
7.3 You can cancel your contract with us because of something we have done or have told you we are going to do. If you are cancelling your order for a reason set out at (a) to (c) below then we will refund you in full for any products which you have paid for and not been provided:
(a) we have told you about an upcoming change to the product or these terms which you do not agree to;
(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed; or,
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control.
7.4 Where the products ordered by you are not available from stock, you will be notified and given the option to either wait for the products to be available from stock or cancel the order and receive a full refund within 28 days
7.5 Exercising your right to change your mind. For most products bought online you have a legal right to change your mind within 14 days after the day you received the product (the cooling off period). You may be able to get a refund if you are within the cooling off period, but this may be subject to deductions (see clause 8.5) and you will have to pay the cost of return of the products.
7.6 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of products sealed for health protection or hygiene purposes (in particular, earrings for pierced ears and swim wear), once these have been unsealed after you receive them.
8. HOW TO CANCEL THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
8.3 When we will pay the costs of return.
- (a) We will pay the costs of return if the products are faulty or misdescribed.
- (b) If you are exercising your right to change your mind you must pay the costs of return.
8.4 How we will refund you. We will refund you the price you paid for the products including delivery costs if applicable, by the method you used for payment. However, we may make deductions from the price, as described below.
8.5 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
(a) We may reduce your refund of the price (excluding delivery costs) 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. See our Returns page [INSERT HYPERLINK] for information.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
8.6 When your refund will be made. We will make any refunds due to you as soon as possible after we have received the products back from you. For information about how to return a product to us, see clause 8.2.
9. OUR RIGHTS TO END THE CONTRACT
9.1 We may withdraw the product. We may write to you to let you know that we are going to stop providing the product.
10. IF THERE IS A PROBLEM WITH THE PRODUCT
11. PRICE AND PAYMENT
11.1 Where to find the price for the product. The price of the product will be the price indicated on our website. The price excludes the delivery charge. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see Clause 12.3 for what happens if we discover an error in the price of the product you order.
11.2 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
11.3 The total purchase price of your order, including the delivery charge, will be displayed in your basket prior to confirming your order.
11.4 When you must pay and how you must pay. We accept payment PayPal only. You must pay for the products and the cost of delivery before we dispatch them.
12. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
12.1 Except as may be implied by law where you are dealing as a consumer, in the event of any breach of these terms by us, your remedies shall be limited to damages which shall in no circumstances exceed the price of the products and we shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
12.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; or, for fraud or fraudulent misrepresentation.
12.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13. HOW WE MAY USE YOUR PERSONAL INFORMATION
13.1 How we will use your personal information. We will use the personal information you provide to us:
(a) to supply the products to you;
(b) to process your payment for the products; and
(c) o give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
13.2 We will only give your personal information to third parties where the law either requires or allows us to do so.
14. OTHER IMPORTANT TERMS
14.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
14.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
14.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
14.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
14.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.