These are the Conditions on which we shall supply Products to you. Please read these terms carefully before you place an Order with us.
We reserve the right to make changes to these Conditions which shall take effect when posted on our Website (or made available to you in store). You are responsible for regularly checking these Conditions and the date of last update. Unless you have notified us in writing that you do not accept the changes, by continuing to place an Order you will be deemed to have accepted any changes to the Conditions.
“Conditions” means the standard terms and conditions of supply of Products set out in this page.
“Contract” means a legally binding contract for the sale and supply of Products and made in accordance with these Conditions.
“Order” means an order placed by you either via our Website, by telephone, or at a Store for the purchase of Products.
“Price” means the price of the Products as displayed on our Website, advised to you or as displayed in our Store.
“Products” means the products described in the Order.
“Store” means any of our branches in the United Kingdom.
“Website” means the website operated by Jahrns Limited at www.jahrns.co.uk or such other website address operated by Jahrns from time to time.
1.2 When we use the words “writing” or “written” in these terms, this includes emails but excludes live chat and any social media content.
1.3 In some areas you will have different rights under these Conditions depending on whether you are a business or consumer. You are a consumer if:
(a) you are an individual; and
(b) you are buying Products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
“Working Day” means any day other than a Saturday and Sunday but excluding bank and public holidays in England.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Jahrns Limited and the expressions, “Jahrns”, “we” and “us” and “our” and “the Company” means Jahrns Limited. We are a company registered in England and Wales with registered number 05838295 VAT Number GB 302 1811 61
2.2 You can contact us by emailing us at email@example.com.
2.3 If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us with your Order.
3. OUR CONTRACT WITH YOU
3.1 All Orders for Products supplied by us are subject to these Conditions and the placing of an Order by you will constitute acceptance of these Conditions. Our acceptance of your Order will take place when we email you to confirm delivery of your Order, in the case of bespoke Products, when we confirm acceptance of your Order (whether verbally or in writing), at which point a Contract will come into existence between you and us.
3.2 If we are unable to accept your Order for any reason, we will inform you of this and will not charge you for the Products.
4. OUR PRODUCTS
4.1 All images are for illustrative purposes only. Although we have made every effort to display the colours of Products accurately on our Website, 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.
4.2 The packaging of the Product may vary from that shown in images on our Website.
4.3 If we are making any Product to specifications you have given us you are responsible for ensuring that these specifications are correct.
4.4 All Products are of UK spec and certification unless otherwise stated.
5. YOUR RIGHTS TO MAKE CHANGES
5.1 If you wish to make a change to the Product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the Price of the Product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
6. OUR RIGHTS TO MAKE CHANGES
6.1 We reserve the right in our absolute discretion to make any changes to the Products which do not materially affect the quality or nature of the Products. We may also change the Product:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements. These changes will not affect your use of the Product.
7. SELLING OUR PRODUCTS
7.1 You may resell any of our Products in the ordinary course of your business.
8.1 The costs of delivery will be as displayed on our Website or as advised to you via email.
8.2 During the Order process we will let you know when we will deliver the Products to you. Any delivery dates are estimates only but we will reasonably endeavour to deliver the Products to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your Order, unless we agree with you another delivery date.
9. RISK AND OWNERSHIP
9.1 Ownership of the Products will not pass to you until we have received in full (in cash or cleared funds) all sums due to us in respect of the Products and all other sums which are or which become due to us from you on any account.
10.1 You may cancel the Contract and return any unused and unopened Products for any reason and at any time within 14 days of the date you receive your Order. Where an Order is to be delivered in instalments and you are a consumer the 14 day cancellation period will commence on the day you receive the last delivery.
10.2 There will be no right to cancel the Contract if you have ordered Products made or modified to your specification or once the Products have been manufactured, installed or become mixed inseparably with other items.
10.3 You can cancel the Contract by:
(a) emailing us at firstname.lastname@example.org. Please provide your name, address, details of the order, your phone number and email address.
10.4 If you cancel the Contract, you must return the Products (including all packaging and manuals) to us within 14 days of telling us you wish to cancel. You must return the Products to the address we state when we confirm acceptance of return.
10.5 We will only pay the costs of return if the Products are faulty or mis-described. In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.
10.6 If you are responsible for the costs of return and we are collecting the Products from you, we will charge you the direct cost to us of collection.
10.7 Refunds will be made as soon as possible and by the same method you used for payment. If you are a consumer exercising your right to change your mind then your refund will be made within 14 days from the day on which we receive the Products back from you or, if earlier, the day on which you provide us with satisfactory evidence that you have sent the Products back to us.
10.8 Products must be returned in a re-saleable condition. We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Products, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the Products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
10.9 We reserve the right to charge a handling fee/restocking of 10% order cost.
10.10 We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Products, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the Products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
11. OUR RIGHTS TO CANCEL THE CONTRACT
11.1 You do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
11.2 You do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products, for example, where you have Products ordered to specification;
11.3 You do not, within a reasonable time, allow us to deliver the Products to you or collect them from us;
11.4 you enter into any compromise or arrangement with your creditors, or if an order is made or an effective resolution is passed for your winding up (except for the purposes of amalgamation or reconstruction as a solvent company) or if a petition is presented to court, or if a receiver, manager, administrative receiver or administrator is appointed in respect of the whole or any part of your undertaking or assets;
11.5 You cease or threaten to cease to carry on your business
11.6 You are made bankrupt; or
11.7 You breach these Conditions or any other agreement we may have with you.
If we end the Contract in the situations set out in clause 11.1 we will refund any money you have paid in advance for Products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of you breaking the Contract.
We may write to you to let you know that we are going to stop providing the Products. We will let you know before despatch of the Products if we stop the supply of the Products and will refund any sums you have paid in advance for Products which will not be provided.
12. DAMAGED PRODUCTS / INCORRECT ORDER
12.1 If you receive any Products that are damaged or receive an Order that is incorrect you must notify us within 7 days of receiving your Order emailing us at email@example.com.
12.2 Without prejudice to your rights under clauses 13, 14or 16, if you receive any Products that are damaged we shall (at our option) repair, replace or refund any such Products and refund or make good any Orders that are incorrect.
13. YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS IF YOU ARE A CONSUMER
13.1 We are under a legal duty to supply Products that are in conformity with this Contract. If you are a consumer, nothing in these terms will affect your statutory legal rights.
13.2 If you wish to exercise your legal rights to reject defective Products you must post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please email us at firstname.lastname@example.org to arrange collection.
13.3 If we find a Product to be defective we will either repair, replace or refund the Product in accordance with your statutory rights.
14. YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS IF YOU ARE A BUSINESS
14.1 If you are a business customer (and not acting as a consumer) we will use our reasonable endeavours to transfer to you the benefit of any standard manufacturer warranty or guarantee for the Products.
14.2 Subject to clause 16.3, if:
(a) you give us notice in writing within a reasonable time of discovery that a Product does not comply with the warranty set out in clause 16.1;
(b) we are given a reasonable opportunity of examining such Product; and
(c) you return such Product to us at your cost, we shall, at our option, repair or replace the defective Product, or refund the price of the defective Product in full.
14.3 We will not be liable for a Product’s failure to comply with the warranty in clause 16.1 if:
(a) you make any further use of such Product after giving a notice in accordance with clause 16.2(a);
(b) the defect arises because you failed to follow our (or the manufacturer’s) oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;
(c) the Product is not used for its intended purpose;
(d) the defect arises as a result of us following any drawing, design or specification supplied by you;
(e) you alter or repair the Product without our written consent; or
(f) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
14.4 Except as provided in this clause 16, we shall have no other liability to you in respect of a Product’s failure to comply with the warranty set out in clause 16.1.
15. PRICE AND PAYMENT
15.1 The price of the Product will be the price indicated on our Website. VAT shall be charged as applicable.
15.2 If the rate of VAT changes between your Order date and the date we supply the Products, we will adjust the rate of VAT that you pay, unless you have already paid for the Products in full before the VAT change takes effect.
15.3 We use our best efforts to ensure that the Price of the Products displayed on our Website or advised to you is correct. However, despite our best efforts, there may be instances where there has been an error in the pricing. Where the correct Price is less than our stated Price, we will charge the lower amount. If the Product’s correct Price is higher than the Price stated on our Website or advised 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 Products delivered to you in respect of such Order.
15.4 Payment for the Products must be made before we dispatch them. We accept payment by most major credit or debit cards as indicated on our Website.
15.5 We reserve the right to suspend the Contract if you fail to make payment for the Products.
16.1 Nothing in these terms shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
(d) defective products under the Consumer Protection Act 1987;
(e) those matters that may not be excluded by virtue of the operation of the Consumer Rights Act 2015; or
(f) any other matter that cannot be excluded or limited by law.
16.2 Subject to clause 19.1 our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for the Products under such contract.
If you are a consumer
16.3 If you purchase Products as a consumer, our liability for failure to comply with these terms, will be limited to loss or damage you suffer that is a foreseeable result of us breaching this Contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable or for any business loss.
If you are a business
16.4 If you purchase Products as a business customer, except to the extent expressly stated in these Conditions all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
16.5 If you purchase Products as a business customer, subject to clause 17.1:
(a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any:
(i) loss of profit, business, revenue, capital, anticipated savings and/or goodwill; or
(ii) any indirect or consequential loss; arising under or in connection with any Contract between us.
17. YOUR LIABILITY
17.1 Whether you are a business or a consumer, you shall indemnify and keep us indemnified from and against any liability, penalty, costs, claims, damages, loss and/or expense incurred or suffered, whether or not foreseeable and howsoever arising:
(a) as a result of incorporating property in the Products; or applying any patent, registered or unregistered design, copyright, trademark, trade name or design to the Products; in each case on your instructions, suggestions or specifications, or complying with any other instruction of yours relative to the Products; and/or
(b) in relation to any third party claims arising from the use, installation, or dealings by you in the Products (irrespective of whether or not they involve our negligence), except as a result of our fraud or wilful default; and/or
(c) as a result of your negligence, default or breach in respect of this or any other contract you may have with us.
17.2 You shall notify us forthwith of any claim made or action brought or threatened alleging infringement of the rights of any third party. We shall have sole conduct of any proceedings or claim. You shall provide us with all assistance in connection therewith as we shall request.
18. FORCE MAJEURE
18.1 We shall not be liable to you or be deemed to be in breach of any Contract by reason of any delay in performing, or any failure to perform, any of our obligations in relation to the Contract if the delay or failure was due to any events outside of our reasonable control including without limitation a technical failure of the Website, act of God, explosion, flood, fire, epidemic, accident, war, terrorism, sabotage, insurrection, civil disturbance, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority, import or export regulations or embargoes, industrial actions or trade disputes (whether involving our employees or those of a third party), inability to obtain or delay in obtaining supplies of adequate or suitable material, fuel, parts, machinery or labour.
19. HOW WE MAY USE YOUR PERSONAL INFORMATION
20. OTHER IMPORTANT TERMS
20.1 We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this and will ensure that the transfer does not affect your rights under the contract.
20.2 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
20.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms.