Online Terms of Sale
PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER AND RETAIN A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE.
1. FORMATION OF THE CONTRACT
1.1 - These terms of sale (“Terms”) apply to goods supplied by Jo Butcher of 12 Windmill Hill, North Curry, Somerset TA3 6NA and ordered from the website www.jobutcher.co.uk (the “Website”).
1.2 - These Terms should be read carefully by you before you place an order for goods from Jo Butcher. You will be asked to accept these Terms before placing your order. If you do not accept these Terms you should not place an order.
1.3 - No contract exists between you and Jo Butcher for the sale of any goods until Jo Butcher has received and accepted your order and sends you confirmation by writing or email to the address or email you have given. Jo Butcher shall not be under any obligation to accept your order but once it has done so by sending you confirmation by writing or email there is a binding legal contract between you and Jo Butcher.
1.4 - Any contract between you and Jo Butcher is subject to your right of cancellation if you are a consumer (see 5.1 below).
1.5 - Jo Butcher may change these Terms without notice to you in relation to future sales.
2. AVAILABILITY, DESCRIPTION, SPECIFICATION AND PRICE OF THE GOODS
2.1 - All goods are subject to availability. If on receipt of your order the goods you have ordered are not available in stock, Jo Butcher will inform you as soon as possible giving you the expected re-stock date or refund / credit you for any sum that has been paid by you or debited from your debit or credit card for the goods.
2.2 - The description, specification and price of the goods you order will be as shown on the Website at the time you place your order.
2.3 - Jo Butcher has made every reasonable effort to display on the website, as accurately as possible, a description of the Products. However, some slight variations may occur from time to time in relation to the colours and the appearance of the images, mounts and frames from the way they appear on screen. Also, sizes and material specifications may slightly vary each time.
In specific relation to colour, Although we make every effort to ensure the accuracy of images on our website we cannot guarantee that the colours and appearance of artwork will be identical to the original due to the limitations and variations of computer screens and individual set system set up.
2.4 - Subject to 2.7 below, the price of the goods will be the price quoted on the Website at the date the order is received.
2.5 - Please note that we only accept payment in Pound Sterling.
2.6 - Prices exclude delivery, unless otherwise stated on the website. Our current shipping rates are extremely competitive and can be seen in “Table A” in 4.9 below. These will also be shown at the Checkout.
2.7 - Every effort will be made to ensure that prices shown on the Website are accurate at the time you place your order. If an error is found prior to despatch of the goods, Jo Butcher 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 you cancel, Jo Butcher will refund or re-credit you for any sum that has been paid by you or debited from your credit /debit card for the goods.
2.8 - The price of the goods shown on the Website are inclusive of VAT.
2.9 - Where the goods are supplied for export from the United Kingdom, you will be liable for complying with any legislation or regulations governing the importation of the goods into the country of destination and for the payment of any import duties or taxes which are levied on them.
3.1 - All deliveries are subject to prior authorisation of your payment.
Online Payments must be made by PayPal, credit or debit card (please see the relevant part of the website for a list of those payment cards accepted and method of payment). By submitting a credit or debit card number, you: (a) represent and warrant that your use of the particular card is authorised and that all information that you submit is true and accurate; and (b) authorise us to charge to the card you tendered all amounts payable by you to us based on the Products you order.
3.2 - Payments by cheque drawn on a UK bank are acceptable methods of payment for goods, please contact us for details if you wish to pay by this method.
3.3 - You may be subject to validation checks and/or third party authorisations depending on your method of payment
4 DELIVERY AND RISK
4.1 - The goods you order will be delivered to the address you give when you place your order, subject to confirmation of your order by Jo Butcher.
4.2 - All pictures ordered from Jo Butcher shall be sent to you via a secure courier service with full tracking available. Jo Butcher shall endeavour to deliver within the UK and EU within 14 days after receiving payment from you and outside the EU within 21 days of receiving your payment or within such other period indicated at the time you place your order. However in most cases the delivery service we use offers a delivery service level of 2-3 days.
4.4 - All Greetings cards orders from Jo Butcher shall be sent to you by Royal Mail or courier service . This will be up to the discretion Jo Butcher.
4.5 - If delivery cannot be made to your address, Jo Butcher 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 / debit card for delivery.
4.6 - Every effort will be made to deliver the goods within the time periods specified above. If Jo Butcher is unable to deliver the goods within 30 days of receiving your order, Jo Butcher will inform you as soon as possible and you will be entitled to cancel the order and obtain a refund or re-credit for any sum that has been paid by you or debited from you credit / debit card for the goods. Jo Butcher will not be liable for any loss or damage suffered by you through any reasonable or unavoidable delay in delivery.
4.7 - You will become the owner of the goods you ordered and responsible for risk of loss or damage to them once they have been delivered to you.
4.8 - In the unlikely event your purchase arrives in a damaged condition please contact us with 48 hours of delivery so we can make the necessary arrangements to deal with this concern.
5 RETURNS / CANCELLATIONS
5.1- We understand that from time to time you may wish to return a product to us. This returns section applies to customers in the UK irrespective of your geographical location and does not affect any statutory rights you may have (such as consumer rights under the Consumer Protection (Distance Selling) Regulations 2000).
If you are a consumer, you have the right to cancel the contract at any time up to the end of five(5) working days after you receive the goods. A working day is any day other than weekends and bank or other public holidays in the United Kingdom.
5.2 - To exercise your right of return / cancellation, you must give written notice to Jo Butcher by hand, post, or email, at the address, or email address shown at paragraph 10 below, giving details of the goods ordered, date of receipt, reason for return and contact details. Jo Butcher will then contact you and agree either an exchange of goods or a cancellation refund.
5.3 - If you exercise your right of cancellation after the goods have been delivered to you, you must return the goods to Jo Butcher at your own cost (unless otherwise agreed in writing by Jo Butcher), in unused and otherwise re-saleable condition. The goods must be returned to the address shown below by registered post. The goods must be adequately sealed in the original packaging and you must take reasonable care to ensure the goods are not damaged whilst in your possession or in transit.
5.4 - Once you have notified Jo Butcher that you are cancelling the contract, Jo Butcher will refund or re-credit you within 30 days of receiving notice of cancellation and the goods have been returned in their original condition. The refund will be for any sum that has been paid by you or debited from your credit /debit card for the goods.
5.5 - If you do not return the goods as required after exercising your right of cancellation, Jo Butcher may charge you for the direct costs of recovering the goods.
CANCELLATION BY US
5.6 - We reserve the right to cancel any order (or any part of the order) if for any reason:
5.6.1 the Products ordered by you are no longer available; or
5.6.2 the Products cannot be supplied to you in the country where you reside; in which event we will notify you by email and refund any payments you have made for that order or that part of the order.
5.7 - We will not be obliged to offer any additional compensation for disappointment suffered if your order is cancelled for any reason.
5.8 - We may terminate or suspend your use of and registration on this website at any time if you breach any of these terms and conditions or for your inappropriate or unlawful behaviour, without any liability or further obligation of any kind whatsoever to you or any other party.
5.9 - We reserve the right to modify, suspend or discontinue this website, the Service or any Products (or any part thereof) at any time with or without notice to you. We shall not be liable to you or any third party for any such modification, suspension or discontinuation.
5.10 - You agree to indemnify us and hold us harmless from any and all third party claims and demands, including reasonable legal fees, for damages and costs due to or arising out of your breach of these terms and conditions or your use of this website, the Service or any Products.
6.1 Jo Butcher shall not be responsible for any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party.
6.2 - Subject to paragraph 6.1, if the goods supplied to you are in any way defective or you have any other complaint about the goods, you should contact Jo Butcher by phone or notify Jo Butcher by post or email in accordance with the contact details at paragraph 10 below.
6.3 - Jo Butcher will not be liable for losses relating to any business (such as lost profits or consequential loss) which arise from any failure by Jo Butcher to supply the goods in accordance with the contract.
6.4 - Jo Butcher shall not be held responsible for any delay or failure to comply with its obligations under these Online Terms of Sale if the delay or failure arises from any cause which is beyond Jo Butcher’s reasonable control. This condition does not affect your statutory rights.
7 DATA PROTECTION
7.1 - Jo Butcher will take all reasonable precautions to keep the details of your order and payment secure but unless Jo Butcher is negligent Jo Butcher will not be liable for unauthorised access to information supplied by you.
7.2 - Jo Butcher will only use the information you provide about yourself for the purpose of fulfilling your order, unless you agree otherwise. You can correct any information about you, or ask for information about you to be deleted, by giving written notice to Jo Butcher at the address, or email address shown below.
7.3 - Jo Butcher would like to notify you of similar products and offers that may be of interest to you from time to time. If you would not like to be notified, please tick the box below. If at any time you wish to receive such information again, you can give notice to Jo Butcher at the address, or email address shown at paragraph 10 below, or in reply to any email from Jo Butcher.
9 INTELLECTUAL PROPERTY
9.1 - All copyright in the material contained on the Website and any trademarks and brands included in that material belong to Jo Butcher.
9.2 - You may download or copy the content and other downloadable items displayed on the Website solely for personal non-commercial purposes for the purposes of placing an order. Copying or storing the contents of the Website for any other purpose is expressly prohibited.
10 JO BUTCHER CONTACT DETAILS
We will endeavour to respond as quickly as possible.
11.1 - These Terms are not intended to and shall not create any rights, entitlements, claims or benefits enforceable by any person other than the person who is party to a contract with Jo Butcher for the supply of goods.
11.2 - These Terms and the supply of the goods by Jo Butcher will be subject to English law, and the English courts will have jurisdiction in respect of any dispute arising from the contract.