Terms & Conditions
JCH Direct Ltd
CONSUMER 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. Format of the Contract
1.1 These terms of sale apply to all goods supplied by JCH Direct Ltd (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.
1.3 An acceptance of your offer to buy the goods will be sent shortly
after your order. However, we do have the right to terminate the
contract in the event that the goods are unavailable, mis-priced or
cleared funds are not received.
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 Supplierīs 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 we will not
accept your order. If after acceptance or job order the Supplier
discovers within [14 days] of our acceptance of your order that the
goods are unavailable we may terminate the contract and refund or
re-credit you for any sum that has been paid by you or debited from
your credit card for the goods.
2.3 Every effort is made to ensure that prices shown on the Supplierīs
website are accurate at the time you place your order. If an error is
found within 14 days of accepting your order, 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 JCH Direct Ltd will not add any additional fees to your purchase if you pay via any of the card type supported.
3. Payment
3.1 Payment for the goods and delivery charges can be made by any
method shown on the Supplierīs 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.
3.4 All sensitive consumer data collected on this site is used only for the
purpose of completing the transaction. Transaction information is
transmitted to our payment partner Velocitypay using
128 bit SSL encryption.
4. Delivery
4.1 The goods you order will be delivered to the address you give when
you place your order, except that some deliveries are not made outside
the United Kingdom.
4.2 Orders placed before 12.00 pm on a working day will be processed
that day 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
Supplierīs control the Supplier will inform you as soon as possible.
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:
4.4.1 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. 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. 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. If you are unable to
check the contents of your delivery at the point of delivery then
please sign for the parcel as "UNCHECKED". Failure to do so may affect
any warranty claims that you make thereafter.
5 Risk/Title
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:
5.2.1 the goods, and
5.2.2 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. Title for Business Customers
6.1 If you are a business customer until ownership of the goods has passed to you, you must:
6.1.1 store the goods (at no cost to the Supplier) separately from
all your other goods and goods of any third party in such a way that
they remain readily identifiable as the Supplierīs property;
6.1.2 not destroy, deface or obscure any identifying mark or
packaging on or relating to the goods; maintain the goods in
satisfactory condition and keep them insured on the Supplierīs behalf
for their full price against all risks to the reasonable satisfaction
of the Supplier. On request you shall produce the policy of insurance
to the Supplier; and
6.1.3 hold the proceeds of the insurance referred to in condition
6.1.2 on trust for the Supplier and not mix them with any other money,
nor pay the proceeds into an overdrawn bank account.
6.2 If you are a business customer your right to possession of the goods shall terminate immediately if:
6.2.1 you have a bankruptcy order made against you or make an
arrangement or composition with your creditors, or otherwise take the
benefit of any statutory provision for the time being in force for the
relief of insolvent debtors, or (being a body corporate) convene a
meeting of creditors (whether formal or informal), or enter into
liquidation (whether voluntary or compulsory) except a solvent
voluntary liquidation for the purpose only of reconstruction or
amalgamation, or have a receiver and/or manager, administrator or
administrative receiver appointed of its undertaking or any part
thereof, or a resolution is passed or a petition presented to any court
for your winding up or for the granting of an administration order in
respect of you, or any proceedings are commenced relating to your
insolvency or possible insolvency; or
6.2.2 you suffer or allow any execution, whether legal or
equitable, to be levied on your property or obtained against you or you
are unable to pay your debts within the meaning of section 123 of the
Insolvency Act 1986 or you cease to trade; or
6.2.3 you encumber or in any way charge any of the goods.
7. Your right of cancellation
7.1 You have the right to cancel the contract at any time up to 10 days
after you receive the goods (see below). Please note that this policy
has some limitations and does not apply to business customers.
7.2 To exercise your right of cancellation, you must give written
notice to the Supplier by hand, post or the enotes section of our
website, giving details of the goods ordered and (where appropriate)
their delivery. Notification by phone is not sufficient.
7.3 Except in the case of faulty or misdescribed goods, if you exercise
your right of cancellation after the goods have been delivered to you,
you will be responsible for returning the goods to the Supplier at your
own cost. The goods must be returned to the address shown within the
Returns on Line section of the website. You must take reasonable care
to ensure the goods are not damaged in the meantime or in transit. In
the case of faulty or misdescribed goods we shall, after receiving
notification in accordance with clause 8.3 or 8.4, either collect the
goods from you or ask you to return the goods yourself and possibly
refund you the reasonable postage costs.
7.4 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.
7.5 Except in the case of faulty or misdescribed goods, 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.
7.6 You do not have the right to cancel the contract if the order is
for computer software which has been unsealed by you, or for consumable
goods which, by their nature, cannot be returned, save where a fault is
discovered which could not have been discovered otherwise than by
unsealing the goods.
8. Warranty
8.1 All goods supplied by the Supplier are warranted free from defects
for 12 months from the date of supply (unless otherwise stated). This
warranty does not affect your statutory rights as a consumer.
8.2 This warranty does not apply to any defect in the goods arising
from fair wear and tear, wilful damage, accident, negligence by you or
any third party, use otherwise than as recommended by the Supplier,
failure to follow the Supplierīs instructions, or any alteration or
repair carried out without the Supplierīs approval.
8.3 If the goods supplied to you are damaged on delivery, you should
notify the Supplier in writing via the enotes section of the website
within 7 working days. (Please note that this is 48hrs for our business
customers)
8.4 If the goods supplied to you develop a defect while under warranty
or you have any other complaint about the goods, you should notify the
Supplier in writing via the enotes section of the website, as soon as
possible, but in any event within 14 days of the date you discovered or
ought to have discovered the damage, defect or complaint.
9. Limitation of Liability
9.1 Subject to 9.2 below, if you are a consumer the Supplier shall not
be liable to you for any loss or damage in circumstances where:
9.1.1 there is no breach of a legal duty owed to you by the Supplier or by its employees or agents;
9.1.2 such loss or damage is not a reasonably foreseeable result of any such breach;
9.1.3 any increase in loss or damage resulting from breach by you of any term of this contract.
9.2 Nothing in these conditions excludes or limits the liability of the
Supplier for death or personal injury caused by the Supplierīs
negligence or fraudulent misrepresentation.
9.3 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.
10. Data Protection
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.
11. Images
Product images are for illustrative purposes only and may differ from the actual product.
These terms of sale and the supply of the goods will be subject to
English law and the English courts will have jurisdiction in respect of
any dispute arising from the contract, save that consumers resident in
Scotland shall have the right to insist upon these terms being
construed in accordance with the laws of Scotland and to submit to the
jurisdiction of Scottish courts.
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