Joe & Co Denim Terms & Conditions
1. FORMAT OF THE CONTRACT
1.1 These terms of sale apply to all goods supplied by Joe & Co Denim, whose office is at 18 Highbury, 52 Mauldeth Road, Stockport, SK4 3HA (the “Supplier”).
1.2 No contract exists between you and the Supplier for the sale of any goods until the Supplier has received and accepted your order and the Supplier or agent of the Suppler has received payment in full (in cleared funds). Once the Supplier does so, there is a binding legal contract between us.
1.3 By way of clarification, an acknowledgement of your order will be sent to you via e-mail when you place your order, but acceptance of your offer to buy the goods will not take place until after your payment is taken and you receive your acceptance e-mail. It is at this point that a binding legal contract is created and any contract is subject to these Terms and Conditions.
1.4 The contract is subject to your right of cancellation (see below).
1.5 The Supplier may change these terms of sale without notice to you in relation to future sales.
2. DESCRIPTION AND PRICE OF THE GOODS
2.1 The description and price of the goods you order will be as shown on the Supplier’s website at the time you place your order.
2.2 The goods are subject to availability. If on receipt of your order the goods you have ordered are not available in stock, the Supplier will inform you as soon as possible and refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods. Refunds will be processed as soon as possible.
2.3 Every effort is made to ensure that prices shown on the Supplier’s website are accurate at the time you place your order. If an error is found, the Supplier will inform you as soon as possible and offer you the option of reconfirming your order at the correct price, or cancelling your order. If the Supplier does not receive an order confirmation within 14 days of informing you of the error, the order will be cancelled automatically. If you cancel the order, or if the order is cancelled automatically due to the expiry of the 14-day period, the Supplier will refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
2.4 In addition to the price, you may be required to pay a delivery charge for the goods.
2.5. Our currency converter feature is intended for guidance only – all orders will be made in Great British Pounds. Our currency rates are updated daily from the rates published by the European Bank.
3.1 Payment for the goods and delivery charges can be made by any method shown on the Supplier’s website at the time you place your order. Payment shall be due before the delivery date and time for payment shall be a fundamental term of this agreement, breach of which shall entitle the Supplier to terminate the contract immediately.
3.2 There will be no delivery until cleared funds are received.
3.3 Payments shall be made by you without any deduction whatsoever unless you have a valid court order requiring an amount equal to such deduction to be paid by the Supplier to you.
4.1 The goods you order will be delivered to your designated addresses only. The address will be that registered with your payment card issuer, unless you request otherwise and we agree to such a request (at our sole discretion).
4.2 Orders placed before 12.00 pm on a working day will be processed within 24 hours and will be delivered as per the requested delivery option provided no additional security checks are required and all stock items are available. (A working day is any day other than weekends and bank or other public holidays.)
4.3 If delivery cannot be made to your address for reasons under the Supplier’s control the Supplier will inform you as soon as possible and refund or re-credit you for any sum that has been paid by you or debited from your credit card for delivery. The supplier will endeavour to carry this out within 30 days.
4.4 If you deliberately fail to take delivery of the goods (otherwise than by reason of circumstances under control of the Supplier) then without prejudice to any other right or remedy available to the Supplier, the Supplier may: retain the right to refuse any return of such goods (unless faulty).
4.4.1 Ownership of the goods shall not pass to you until the Supplier has received in full (in cash or cleared funds) all sums due to it in respect of: store the goods until actual delivery and charge you for reasonable costs (including insurance) of storage; or
4.4.2 sell the goods at the best readily obtainable price and (after deducting all reasonable storage and selling expenses) account to you for any excess over the price you agreed to pay for the goods or charge you for any shortfall below the price you agreed to pay for the goods.
4.5 If you fail to take delivery because you have cancelled your contract under the Distance Selling Regulations the Supplier shall refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods. On exercising your right to cancel you shall be required to return the goods to the Supplier ( In the original packaging with all tags attached ). Should you fail to return the goods, the Supplier reserves the right to deduct any direct costs incurred by the Supplier in retrieving the goods as a result of such failure.
4.6 Every effort will be made to deliver the goods as soon as possible after your order has been accepted and allows a 5 working day time period for this to occur. However, the Supplier will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this case, the Supplier will inform you as soon as possible.
4.7 Upon receipt of your order you will be asked to sign for the goods received in good condition. If the package does not appear to be in good condition then please refuse the delivery. Failure to do so may affect any warranty claims that you make thereafter.
5.1 The goods are at your risk from the time of delivery.
5.2 Ownership of the goods shall not pass to you until the Supplier has received in full (in cash or cleared funds) all sums due to it in respect of:
the goods, and all other sums which are or which become due to the Supplier from you on any account.
5.3 The Supplier shall be entitled to recover payment for the goods even though ownership of any of the goods has not passed from the Supplier.
6. YOUR RIGHT OF CANCELLATION
6.1 You have the right to cancel the contract and return the goods at any time up to the end of 14 days after you receive the goods (see below).
6.2 To exercise your right of cancellation, you must give written notice to the Supplier by post or by emailing us at email@example.com giving details of the goods ordered and (where appropriate) their delivery. Notification by phone is not sufficient.
6.3 In order to return any goods in relation to the UK long distance selling regulations the following procedures must be adhered to:
6.4.1 If the goods ordered have not been shipped or delivered then an email advising of cancellation to firstname.lastname@example.org will suffice to cancel the order.
6.4.2 If you have received the goods, the goods can only be returned to the supplier with a valid returns number (RN)
6.4.3 To obtain a RN please e-mail your order number, product code and reason for return to email@example.com and a RN will be issued by email.
6.4.4 The goods are to be returned undamaged in their original packaging with the labels intact.
6.4.5 Please return all goods to Joe & Co Denim, 18 Highbury, 52 Mauldeth Road, Stockport, SK4 3HA and return using a form of recorded delivery.
6.5.5 Please note that the customer must meet carriage on all returns.
6.5.6 A RN must be requested no more than 14 days following the date of delivery and the goods must be received at the above address no later than 14 days after you have been issued a RN. Please note that you must comply with these timescales in order to receive a refund.
6.5.7 We do suggest that you retain a ‘Proof of Posting’ & tracking number certificate issued by the carrying agent.
6.5.8 You must take reasonable care to ensure the goods are not damaged in the meantime or in transit.
6.6 Once you have notified the Supplier that you are cancelling the contract, the Supplier will refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods (Not including any delivery charges or delivery costs to Joe & Co Denim).
6.7 Except in the case of faulty, if you do not return the goods as required, the Supplier may charge you a sum not exceeding the direct costs of recovering the goods.
6.8 You do not have the right to cancel the contract if the order is for goods that have been worn by you and are returned in a condition where they cannot be resold.
7. GOODS GUARANTEE
7.1 Goods are guaranteed for 30 days against fault (provided the goods have not been used in a manner other than intended) after dispatch to the customer, after this time any faulty goods will be returned to the relevant supplier for their independent opinion. Their decision is final any paperwork relating to individual cases will be forwarded to the customer in the event of dispute.
8. LIMITATION OF LIABILITY
8.1 Subject to 8.2 below, if you are a consumer the Supplier shall not be liable to you for any loss or damage in circumstances where:
8.1.1 there is no breach of a legal duty owed to you by the Supplier or by its employees or agents;
8.1.2 such loss or damage is not a reasonably foreseeable result of any such breach;
8.1.3 any increase in loss or damage resulting from breach by you of any term of this contract.
8.2 Nothing in these conditions excludes or limits the liability of the Supplier for death or personal injury caused by the Supplier’s negligence or fraudulent misrepresentation.
8.3 If you are a business customer the Supplier shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement.
9. DATA PROTECTION
9.1 The Supplier will take all reasonable precautions to keep the details of your order and payment secure but unless the Supplier is negligent, the Supplier will not be liable for unauthorised access to information supplied by you.
10 LAW AND JURISDICTION
10.1 This Agreement and any matter arising from or in connection with it shall be governed by and construed in accordance with the law of England.
10.2 Each party irrevocably agrees to submit to the exclusive jurisdiction of the courts of England over any claim or matter arising from or in connection with this Agreement.