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JAINE

Terms and Conditions

Conditions of Use & Sale

Welcome to Jaine.co.uk (the “Website”). This Website is owned and operated by Jaine Wright.

I provide access to the Website and I sell my products to you subject to the conditions set out on this page. For the purposes of these terms "products" shall mean any products agreed to be supplied by me to you in accordance with the terms and conditions set out on this Website.

Please read these conditions carefully before using the Jaine.co.uk website. By accessing and using this Website you signify your agreement to be bound by these conditions and any other terms or notices set out on this Website. You should print a copy of these terms for future reference. I amend these terms from time to time as set out in clause 20. Every time you wish to order products from our site, please check these terms to ensure you understand the terms that will apply at that time.

Conditions Relating to Your Use of Jaine.co.uk

1. Privacy and Security

Please refer to our Privacy Notice and Cookies Policy.

2. Access to Jaine.co.uk

I will do my utmost to ensure that availability of the Website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the Website may occasionally be suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. I will attempt to limit the frequency and duration of any such suspension or restriction.

3. Restriction on Use

I grant you access to this Website for your personal use but you are not authorised to download (other than page caching) or modify it, or any portion of it, except with my express written consent. You may not resale or make any commercial use of this Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

This Website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without my express written consent.

You may not frame or use framing techniques to enclose any trade mark, logo, or other proprietary information (including images, text, page layout, or form) of Jaine.co.uk without my express written consent.

You also may not create and/or publish your own database that features substantial (e.g. my prices and product listings) parts of this Website without my express written consent.

You must not use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way.

4. Your conduct

You must not use the Website for any of the following:

5. Reviews, comments, communications and other content

Users of this Website may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. I reserve the right (but not the obligation) to remove or edit any content.

If you do post content or submit material, and unless I indicate otherwise, you:

6. Copyright, Trademarks and Other Proprietary Rights

All the content of this Website, including but not limited to the text, graphics, logos, button icons, images, and software, is protected by copyright, trademarks and/or other intellectual property or proprietary rights owned by or licensed to Jaine Wright. Except as expressly provided herein, nothing in this Website should be considered as granting any license or right under any copyright, trademark or other intellectual property rights of Jaine Wright or any third party. You may not use any logo or other proprietary graphic or trademark without my express written consent.

Further, you may not systematically extract and/or re-utilise parts of the contents of the Website without my express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this Website, without my express written consent.


Conditions Relating to the Sale of Products to You

This section deals with conditions relating to the sale of products by Jaine Wright to you.

7. My contract

My contract will be on these terms and conditions to the exclusion of all other terms and conditions (including any terms and conditions which you purport to apply under any purchase order, confirmation email, specification or other document or transmission).

I will endeavour to ensure that the supply of products through my Website complies with the relevant laws, as amended from time to time.

When you place an order to purchase a product from Jaine, I will send you an e-mail acknowledging your order and containing the details of your order. However, please note this does not mean that your order has been accepted.

Your order represents an offer to me to purchase a product which is accepted by me when I send e-mail confirmation to you that I've dispatched that product to you (the “Order has been shipped” Confirmation E-mail). That acceptance will be complete and the contract between us will only be formed at the time I send the “Order has been shipped” Confirmation E-mail to you. Any products on the same order which I have not confirmed in a “Order has been shipped” Confirmation E-mail to have been dispatched do not form part of that contract.

If I are unable to supply you with a product, for example because that product is no longer in stock or no longer available because of an error on my site (including without limitation an error regarding the price or the nature of the product you ordered) I will inform you by email and will not process your order. If you have already paid for the products, I will refund you the full amount as soon as possible.

I reserve the right to cancel orders at any time where I reasonably suspect that you have not acted wholly in accordance with these terms and conditions.

8. Returns

I understand that on occasion you want to return an item you purchased from me. I am striving to make this process quick and convenient for you.

For more information on returns or to request a return/refund, email peeps@jaine.co.uk

If for any reason you are not satisfied with any product you purchased from me, you can return by notifying me within 14 calendar days of receipt. The product must be returned within 14 calendar days of your notification to me in its original packaging, unopened and in condition for resale.

I only accept returns of products that have been purchased through my site.

If the product arrives in bad condition, or if for some reason the return is the result of an error on my part, I will resend or refund the product (in my sole discretion) within 60 days of the order date.

Any return that does not meet the above conditions may not be refunded or replaced.

Unless the product is faulty or not as described, you will be responsible for the cost of returning the products to me. If I have agreed to collect the products from you, I will charge you the cost to me of collection.

If you cancel your contract I will:

9. Delivery

Upon receipt of your order for products not requiring sculpting, I will use reasonable endeavour to deliver your products to you within 1 working day.

Where I am unable to deliver your products within 30 days from the day of receipt of your order I will advise you by email of the reason for the delay and provide a revised date for the delivery.

If for any reason you do not accept delivery of any of the products or I am unable to deliver the products on time because you have not provided the appropriate instructions, I may attempt to deliver the product again in which case you will be liable for all reasonable related costs and expenses.

If you do not accept delivery of any of the products because you have cancelled the contract pursuant to Clause 8 above you will receive a refund or credit for any sum that has been paid by you in accordance with Clause 8.

The products will be under your risk and responsibility from completion of delivery.

However, you will only own the products once I have received payment in full, including all applicable delivery charges.

Please note that some couriers may leave the products with a neighbour, or in a place on your property which they consider to be a ‘safe place’ if you are not in.

10. Price and Payment

Price shown will be inclusive of VAT but exclusive of delivery costs.

The prices of the products will be as quoted from time to time on my website, subject to clause 11 below. Payment for the products is due immediately upon the placing of your order. To place an order, you will be directed to the checkout page. Should you wish to place an order online, you will be required to complete an order form and pay by credit/debit card.

No payment shall be deemed to have been received and no delivery will take place until I receive cleared funds.

11. Pricing and availability

If an item is not available at the time of ordering, this will be mentioned as “out of stock” on the product information page. As I process your order, I will inform you by e-mail if any products you order turn out to be unavailable. Please note that dispatch estimates are just that. They are not guaranteed dispatch times and should not be relied upon as such.

Despite my efforts, a small number of the products in my catalogue maybe mispriced. Rest assured, however, that I verify prices as part of my dispatch procedures. If a product's correct price is lower than my stated price, I charge the lower amount and send you the product. If a product's correct price is higher than my stated price, I will, at my discretion, either contact you for instructions before dispatch or cancel your order and notify you of such cancellation.

12. Product quality

I am under a legal duty to supply goods to you that are in conformity with the contract between us.

The images of the products on my site are for illustrative purposes only. Although I have made every effort to display the colours accurately, I cannot guarantee that your computer’s display of the colours accurately reflects the colour of the products. Your products may vary slightly from those images.

13. Customs

When ordering goods from Jaine Wright for delivery overseas you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; I have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information.

Those who choose to access this Website from outside of the European Union or the EEA are responsible for compliance with local laws if and to the extent local laws are applicable.

Your privacy is important to me and I know that you care about how information about your order is used and shared. I would like my international customers and customers dispatching products internationally to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.

14. Links to Other Websites

I have provided links on this Website to other sites for information purposes only and such links do not constitute an endorsement by Jaine Wright of the content, materials and/or any offer or offerings placed or referred to on such other websites or as a warranty that such websites will be free of viruses or other such items of a destructive nature. I have no control whatsoever as regards the content of such websites and does therefore not assume any responsibility or liability for the actions, products, and content of any of these and any other third-parties. You should carefully review their privacy statements and other conditions of use. If you decide to access any third party websites linked to this Website and rely on any information collected in such websites, you do so entirely at your own risk.

15. Electronic communications

When you visit Jaine.co.uk or send e-mails to me, you are communicating with me electronically. I communicate with you by e-mail or by posting notices on the Website. For contractual purposes, you consent to receive communications from me electronically and you agree that all agreements, notices, disclosures and other communications that I provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

16. My Liability

Although I endeavour to ensure the accuracy of the content placed on this Website, I do not warrant or guarantee its accuracy or correctness or that of any other content or materials referred to in or made available by means of this Website. The material on this Website may be out of date, and I make no commitment to update such material. The material on this Website is provided "as is", without any conditions, warranties or other terms of any kind. In addition, I do not warrant or guarantee that the Website and its operation, its content or the services that make it available are virus free or free of other harmful components, or that your use of this Website and its content will be uninterrupted.

In no event shall Jaine Wright be liable for any damages (including loss of profits, income or revenue, contracts, anticipated savings, data, business, goodwill or wasted expenditure), including without limitation, direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with this Website, any of its content, any web browser or the use thereof or inability or use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Jaine Wright is advised of the possibility of such damages, losses or expenses, whether caused by negligence or otherwise.

My liability in contract shall only cover losses that are a reasonably foreseeable and direct consequence of the breach of contract. My total liability in contract (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance of the contract shall not exceed three times the amount paid for the products under the relevant contract. I shall not be liable for any indirect, special, incidental or consequential damages, losses or expenses arising out of or in connection with the contract.

To the extent permitted by applicable law, Jaine Wright expressly excludes all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law or equity.

Nothing in these conditions affects in any way my liability by law for death or personal injury caused from my negligence or breach of duty or caused by my gross negligence, wilful misconduct or fraudulent misrepresentation.

17. Indemnification

You hereby agree to indemnify and hold me fully indemnified for any losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered or incurred directly by me as a consequence of your breach or non-observance of these conditions or the contract, your improper use of this Website or in relation to any claim which may be brought against me by a third party in relation to your use of the Website.

18. Alteration of Service or Amendments to the Conditions

I reserve the right to make changes to my Website, policies, and these Conditions of Use & Sale at any time by updating the relevant posting on my website. You will be subject to the policies and Conditions of Use & Sale in force at the time that you use the Website or that you order goods from me, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you).

19. Events beyond my reasonable control

I will not be held responsible for any delay or failure to comply with my obligations under these conditions if the delay or failure arises from any cause which is beyond my reasonable control. This condition does not affect your statutory rights.

20. Waiver

If you breach these conditions and I take no action, I will still be entitled to use my rights and remedies in any other situation where you breach these conditions.

21. Severability

If any of these terms and conditions is deemed to be invalid, void or unenforceable for any reason, that condition shall be deemed severable and the remaining terms and conditions shall not be affected by such invalidity or un-enforceability and shall remain in full force and effect.

22. Complaints

If you have any queries, comments or complaints with respect to the contract, the Website or any products, please contact me immediately by e-mail at
peeps@jaine.co.uk. You can also write to me at the following address:

Jaine Wright, 25 Reservoir Road, Whaley Bridge, High Peak, SK23 7BL, United Kingdom

23. Governing law and jurisdiction

These conditions, your use and access to the Website and any contract brought into existence as a result of usage of this Website are governed by and construed in accordance with the laws of England and Wales, and the application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any disputes arising in connection thereto shall be subject to the exclusive jurisdiction of the English Courts.

These Conditions of Use & Sale were last modified on 25 August 2015.



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