Version number: 2.4
Effective date: 29.10.2018
1.1 This website is owned and operated by Jane Clayton & Company Retail Limited. Our company information is at the end of this document.
1.2 Please read these terms and conditions carefully. They apply when you buy any goods via this site or by phone and to our measuring / installation services. (There are separate terms which apply to your use of our site.) Please print or save these terms for future use as we will not keep a file copy specifically for the transaction with you and we cannot guarantee that they will remain accessible on our website in future. These terms and conditions are available in the English language only.
1.3 Where we refer to “Consumer” below we mean an individual acting for purposes which are wholly or mainly outside that person’s trade, business, craft or profession.
1.4 We are legally required to remind Consumers that we are under a legal duty to supply goods that are in conformity with the contract. Furthermore, nothing below affects Consumers’ legal rights in relation to goods that are not in conformity with the contract, whether because they are faulty, not as described or otherwise. You can get advice about your legal rights from your local Trading Standards office or Citizens' Advice Bureau.
1.5 Where you communicate with us on behalf of a company / organisation, you promise that you have authority to act on behalf of that entity.
1.6 We may change these terms and conditions at any time. Please check them carefully as they will apply to anything you buy after the effective date shown at the top.
2. Minor variations in goods
2.1 You acknowledge that most of our goods are dyed and that batches can vary slightly in colour and shade. Accordingly, we cannot guarantee that colour and shade of any goods will be identical to any previous order or to any sample or to the way that the goods are displayed on our website. Also, due to the print design of some pattern fabrics, it may be that any sample despatched does not include the full range of colours or pattern design. (If you are in any doubt, please call our customer services team for further advice.)
2.2 The labelling or packaging of the goods you receive may differ from the images of these which you see on our site.
3. Your order
3.1 Your order is an offer to buy from us.
3.2 When ordering online, you place your order by using the ordering process on our site. This involves selecting the goods, placing them in the shopping cart and transmitting the order to us by clicking on the “Pay Now” button. This process permits you to check and amend any mistake before making an order by using the change function and/or the internet browser back button.
3.3 When ordering by telephone, you place your order orally in the course of the telephone conversation.
3.4 You must ensure that your order and any other information you supply to us is correct and you tell us immediately if there are any changes.
3.5 We accept your offer and there is a binding legal contract when we send you a confirmation email. However, we are not obliged to supply any goods which are unavailable, even if we have accepted your offer. If any goods are unavailable, we will notify you of the unavailability as soon as possible and will arrange for a full refund if you have been charged.
4. Right to cancel (cooling off)
4.1 If you are a Consumer living in the “European Economic Area”, you have the right to cancel this contract subject to the provisions set out below. This right is not affected by any separate returns policy on our website.
4.2 There is no right to cancel contracts for the supply of goods made to your specifications or which are clearly personalised. (See our Delivery & Returns page for more information.)
4.3 If you do have the right to cancel, please see the instructions in Appendix 1 at the end of this document.
5. Additional business terms
5.1 If you are not a Consumer (for example, if you are a “trade account” holder), you agree to be bound by the additional business terms in Appendix 2 below, which apply in addition to these terms and conditions.
6. Payment and price
6.1 Payment is in advance. We are entitled not to send off the goods until we have received full payment in cleared funds.
6.2 Our prices may change from time to time. The price for the goods you order is as stated on our site at the time you send us your order. Any applicable VAT or sales tax is included in any price shown. We may change the amount of VAT charged if the VAT rate changes unless you have paid in full for the goods by the date of the rate change.
6.3 Delivery costs are charged extra at the rate shown on our site at the time you place your order. These will depend on the delivery method chosen. NB Our charges do not include customs or import duties which may be applied to your order by the relevant authorities. We have no control of these and it is your separate responsibility to pay for them. We recommend that you check with your local customs office in advance.
6.4 If we have mis-priced any item by mistake, we are not obliged to supply the item at that price provided we tell you before we send it off. If we do, then you can decide if you want to order the item at the right price but, if you do not, we will provide a full refund of any payments already made.
6.5 You must contact us immediately with full details if you dispute any payment.
6.6 If any amount due to us is unpaid, or unjustifiably charged back, we may cancel this agreement on written notice (including email).
7. Discount codes
7.1 We may offer discount codes from time to time. All discount codes refer to the price excluding delivery charges. Such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered and are not transferrable or redeemable for cash. Unless otherwise stated: codes (1) are only available for future new orders placed online; (2) cannot be used retrospectively; (3) can only be redeemed once per customer; and (4) expire after 12 months. You cannot use more than one discount code per transaction unless we state otherwise; if we do so, the order in which the codes are to be applied is in our sole discretion.
7.2 We reserve the right to reject any discount code if we consider that it is being used in breach of these terms. Discount codes are subject to any additional specific terms and conditions which are specified at the point of issue. We reserve the right to discontinue or otherwise modify any discount codes at any time without prior notice.
8.1 Delivery will be complete when we deliver to the address which you specify when ordering. We may deliver different parts of your order on different dates.
8.2 Delivery is only to the countries we specify and is otherwise subject to any restrictions on our delivery page. We reserve the right to cancel any order from a country to which we do not deliver (even if there is a binding contract).
8.3 Unless otherwise stated, delivery dates given on our website are estimates only. If you are a Consumer, we have no liability for any losses arising from delay in delivery to the extent that this is due to circumstances beyond our reasonable control and where we could not have taken reasonable steps to deal with the delay.
8.4 If you receive notification of an unsuccessful attempted delivery, it is your responsibility to use the details provided to contact the delivery company to arrange re-delivery.
9. Risk and ownership
9.1 Risk of damage or loss to the goods passes to you on delivery to you or to somebody identified by you to take possession of the goods or to your carrier.
9.2 You become owner of the goods after the later of delivery of the goods and payment of the price plus delivery charges. Until that happens, you hold the goods on our behalf.
10. Measuring and installation services
10.1 If you use our measuring and/or installation services, you agree to ensure that we are given access to your premises at the agreed time and that a person over 18 years old is present at all times while we are on your premises. You agree to provide us with a safe place to work and reasonable co-operation. You acknowledge that we are entitled to charge an additional fee if we cannot gain access to your premises under the above conditions at the agreed time.
11.1 Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents.
11.2 The following clauses apply only if you are a Consumer:
a) We are not responsible for any loss or damage caused by us or our employees or agents in circumstances where:
- there is no breach of a legal duty owed to you by us or by any of our employees or agents;
- such loss or damage was not reasonably foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract);
- such loss or damage is caused by you, for example by not complying with this agreement; or
- such loss or damage relates to a business (as we do not intend for goods bought by Consumers to be used for business).
12. Events outside of our control
12.1 We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures.
13.1 You acknowledge and agree that we may process your personal information in accordance with the terms of our Privacy & Cookies policy which is subject to change from time to time.
14. English law
14.1 These terms and conditions shall be governed by English law and any disputes will be decided only by the courts of the United Kingdom. You may be entitled to use an EU online dispute resolution service to assist with any contractual dispute you may have with us. This service can be found here. Our email address is [email protected].
15.1 We may send all notices under this agreement by email to the most recent email address you have supplied to us (unless otherwise stated in this agreement). Headings used in this agreement are for information and not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (i.e. that it cannot be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, the rest of the agreement shall continue to apply. We may transfer this agreement to a third party but this will not affect your rights or obligations. A person who is not a party to this agreement shall have no rights to enforce this agreement except insofar as expressly stated otherwise.
16.1 If you have any complaints, please contact us via the contact details shown below.
17. Company information
17.1 Company name: Jane Clayton & Company Retail Limited
17.2 Trading name: Jane Clayton & Company
17.3 Country of incorporation: England and Wales.
17.4 Registered number: 09918585
17.5 Registered office and trading address: Paulton House, Paulton, Bristol, BS39 7SX, UK
17.6 Contact information: See our website.
17.7 VAT number: GB234195218
APPENDIX 1 - RIGHT TO CANCEL (COOLING OFF)
1. You have the right to cancel this contract within 14 days without giving any reason.
2. The cancellation period will expire after 14 days from the day:
- on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods; or
- in the case of multiple goods ordered by you in one order and delivered separately: on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.
3. To exercise the right to cancel, you must inform us Jane Clayton & Company Retail Limited, Paulton House Old Mills, Paulton, Bristol, United Kingdom, BS39 7SX [email protected] of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You may use the model cancellation form below but it is not obligatory.
4. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation
5. If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
6. We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
7. We will make the reimbursement without undue delay, and not later than:
- 14 days after the day we receive back from you any goods supplied, or
- (if earlier) 14 days after the day you provide evidence that you have returned the goods.
8. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
9. You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of the contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
10. You will bear the direct cost of returning the goods.
11. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
MODEL CANCELLATION FORM
Complete and return this form only if you wish to cancel the contract:
— To Jane Clayton & Company Retail Limited, Paulton House Old Mills, Paulton, Bristol, United Kingdom, BS39 7SX [email protected]:
— I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/ for the supply of the following service [*],
— Ordered on [*]/received on [*],
— Name of consumer(s),
— Address of consumer(s),
— Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate
APPENDIX 2 - ADDITIONAL BUSINESS TERMS
1.1 We have no liability for any losses arising from delay in delivery.
1.2 You must inspect all goods immediately on receipt and you must notify us in writing of any damage to the goods within three working days of delivery and within ten working days you must give notice in writing in detail of any ground on which you allege that the goods are not in accordance with this agreement. If you fail to give such notice, the goods shall be conclusively presumed to be in all respects in accordance with this agreement and free from any defect which would be apparent on reasonable examination of the goods and you shall be deemed to have accepted the goods accordingly. (Just to be clear: There is no right of cancellation (“cooling off”) for business customers if we have supplied goods in accordance with the contract.)
2. Risk and ownership
2.1 Following delivery, you must identify the goods as ours and keep them separate from your other goods until payment of the price plus delivery charges.
3. Our warranty
3.1 For goods not subject to a manufacturer’s guarantee, we warrant (“the Warranty”) that, subject to the other provisions of this agreement, upon delivery, and for a period of twelve months thereafter, the goods will be free from material defects.
3.2 We shall not be liable for a breach of any of the Warranty unless:
- you have complied with your inspection / notice obligations on delivery set out above;
- you have given us written notice of the defect within ten working days of the time when you discover or ought to have discovered the defect; and
- we are given a reasonable opportunity after receiving the notice of examining such goods and (if we ask you) you send the relevant goods at our expense to the location specified by us to enable the examination to take place.
3.3 The Warranty does not apply:
- if you make any further use of such goods after giving such notice;
- if the defect arises because you failed to follow the instructions or appropriate procedures as to the storage, installation, use or maintenance of the goods or from fair wear and tear or from deliberate damage, accidents or negligence;
- if you have not paid the total price for the goods by the due date for payment; or
- you alter or repair such goods without our written consent.
3.4 Subject to the foregoing, if any of the goods do not conform with the Warranty, we shall at our option repair or replace such goods (or the defective part) or refund to you the price of the goods (or a proportionate part of the price) provided that, if we so request, you return to us at our expense the goods or the part of such goods which are defective.
4.1 You must give us a reasonable opportunity to remedy any matter for which we are liable before you incur any costs remedying the matter yourself.
4.2 Our total liability of any kind (including our own negligence and breach of warranty) is limited to the price paid for the goods.
4.3 In no event (including our own negligence or breach of warranty) will we be liable for any:
- economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
- loss of goodwill or reputation;
- special, indirect or consequential losses; or
- damage to or loss of data
(even if we have been advised of the possibility of such losses).
4.4 You will indemnify us against all claims and liabilities directly or indirectly related to your breach of this agreement.
4.5 To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.
4.6 This agreement constitutes the entire agreement between us with respect to its subject matter and supercedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.