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GENERAL TERMS AND CONDITIONS OF SALE FOR THE JOHNLOBB.COM WEBSITE - UNITED KINGDOM OCTOBER 2012
By ordering any goods offered on the Johnlobb.com website in the Johnlobb UK e-store (“site”), you agree to be bound by these terms and conditions of sale (“terms of sale”).
Please read these terms of sale carefully before placing any Order via this site or by telephone.
Where indicated on the relevant page of the site, specific terms and conditions may apply to certain goods, in addition to and/or instead of these terms of sale, and you also agree to be bound by those specific terms and conditions.
1 Information About Us
1.1 This site is operated by JL AND COMPANY LIMITED (“John Lobb” / “we” / “our”). Unless otherwise stated, we are the supplier of the goods available via this site in the John Lobb UK e-store.
1.2 JL AND COMPANY LIMITED is a company incorporated in England and Wales. Our main address is Westminster Works, 1 Oliver Street, Northampton, NN2 7JL.
2 Use of the Site
Your use of this site is governed by our Terms and Conditions of Use
In these terms of sale:
means the contract formed when we accept your Order by sending you our Order Acceptance;
means any goods available to purchase on this site;
means your order for goods placed via this site or by phone at +44 (0) 207 930 8089. Telephone lines are open Monday to Friday between 10am to 6pm, excluding bank holidays; and
has the meaning given to it in paragraph 4.3;
4.1 Orders may only be placed under these terms of sale by individual consumers and by businesses purchasing goods for purposes other than for resale. Any resale of Goods purchased following an Order under these terms of sale, is strictly prohibited.
4.2 After placing an Order, you may receive an email from John Lobb acknowledging receipt of your Order. This does not mean that the Order has been accepted.
4.3 The Order constitutes an offer by you to buy the Goods specified in your Order, on these terms of sale. All Orders are subject to acceptance by John Lobb. We will only accept an Order after we have checked that the Goods are in stock and received authorisation to process your payment for the Goods. Where John Lobb accepts an Order, it will confirm its acceptance to you by email. This email is referred to as our “Order Acceptance”. Please note that Orders placed via the website, outside our normal business hours (Monday to Friday between 10am to 6pm, excluding bank holidays) will not be processed until the following business day.
4.4 The Contract between you and John Lobb will only be formed when you have paid in full for the Goods and are sent the Order Acceptance, and not before.
4.5 All Orders are subject to availability. Where we are unable to supply all of the Goods listed in your Order, our Order Acceptance will list only the Goods that we are able to supply. If, for any reason, any or all of the Goods you have ordered become unavailable after the date of our Order Acceptance, we will make reasonable efforts to notify you of this as soon as we are able to do so.
4.6 While every effort is taken to try to ensure that the colouring, design and style of the Goods in the photographs displayed on the site are representative of the original Goods, variations may occur due to the technical restrictions of colour reproduction on your computer equipment. If you have any questions about the Goods, you may of course contact our Customer Service
4.7 For every Order, you must provide complete and accurate information during the ordering procedure. The information requested shall include: title, surname, first name, phone number, e-mail address, delivery and invoicing address. You should check that the information you provide accurately reflects your selection before placing your Order.
5 Delivery / Time for Performance
5.1 We will only deliver Goods purchased via the Site within the UK. Orders cannot be placed for delivery addresses situated outside the UK.
5.2 Goods will be shipped to the delivery address(es) specified during ordering. For security reasons, John Lobb reserves the right not to process or deliver any orders for which a communal postal PO Box address is provided.
5.3 Goods will be delivered using express courier and there is a fixed fee delivery cost of £15.00 for each order payable in addition to the cost of the Goods.
5.4 Subject to paragraph 15, we aim to deliver your Goods in accordance with the delivery chart below, but please wait up to eight (8) business days to avoid disappointment. Sometimes circumstances may prevent us from delivering Goods on time and sometimes the geographical location and courier availability can restrict delivery service. We will do our best to inform you in advance where this is the case.
|For delivery to UK mainland addresses:||Orders placed before 1pm on a business day – within 2 business days following the date of your Order Acceptance. Orders placed after 1pm on a business day shall be delivered within 3 business days following your Order Acceptance|
|For delivery to the Scilly Islands:||Orders placed before 1pm on a business day – within 3 business days following the date of your Order Acceptance. Orders placed after 1pm on a business day shall be delivered within 4 business days following your Order Acceptance.|
|For delivery to the Orkney Islands, Northern Ireland, Isle of Man and the Channel Islands:||Orders placed before 1pm on a business day – within 4 business days following the date of your Order Acceptance. Orders placed after 1pm on a business day shall be delivered within 5 business days following your Order Acceptance.|
|For delivery to the Hebrides:||Orders placed before 1pm on a business day – within 5 business days following the date of your Order Acceptance. Orders placed after 1pm on a business day shall be delivered within 6 business days following your Order Acceptance.|
|For delivery to the Shetland Islands:||Orders placed before 1pm on a business day – within 6 business days following the date of your Order Acceptance. Orders placed after 1pm on a business day shall be delivered within 7 business days following your Order Acceptance.|
5.6 John Lobb reserves the right to divide your Order into several shipments. Your credit card shall then be charged in accordance with the price of Goods actually delivered. The delivery costs shall only be charged for a single delivery in accordance with the information contained in your Order Acceptance.
5.7 A failure to deliver the Goods within a period exceeding eight (8) business days should be reported to our Customer Services Department as soon as possible. In order for your claim to be accepted, please notify us of the delay within a maximum of twenty-one (21) days from the date of Order Acceptance.
5.8 You should check that your Goods are correct and complete on delivery. If there are any discrepancies or problems with your Order when the Goods are delivered to you, you should note the nature of the discrepancy or problem (e.g., open package, damaged Goods, etc.) on the delivery note, and sign it. You should then contact the Customer Services Department by e-mail or by phone.
6 Risk and Title
6.1 We bear the risk of any loss of or damage to Goods whilst they are being delivered to you. This risk passes to you from the time the Goods are received or left at the delivery address specified in the Order Acceptance. If delivery is delayed due to any act or omission on your part, we may either: (a) cancel your Order and refund any sums already paid by you, less any applicable delivery charges for the failed delivery; or (b) at our option, store the Goods at your risk and cost until delivery can take place and charge you any applicable delivery charges both for the failed delivery and any repeat attempt(s).
6.2 Ownership of Goods will only pass to you when John Lobb receives payment in full of all sums due in respect of the Goods, including any applicable delivery and/or processing charges.
7 Price and Payment
7.1 Prices and any applicable delivery and/or processing charges will be as quoted on the site from time to time.
7.2 Prices include VAT where applicable unless it is stated otherwise on the relevant page of the site. Except where refunds are given in accordance with these terms of sale (see “Cancellation by You”), John Lobb will not reimburse any VAT paid on purchases made via this site (in particular in the event where the buyer, after receiving the Goods, re-exports them to a country outside the European Union).
7.3 The final price payable for your Order includes the delivery charge specified in paragraph 5.3. Processing and delivery charges are liable to change at any time (in which case the site will be updated accordingly), but changes will not affect Orders in respect of which you have already been sent an Order Acceptance.
7.4 The site contains details of a large number of Goods and it is possible that, despite John Lobb’s best efforts, some of the pricing and other information shown for certain Goods is incorrect. John Lobb will normally verify prices before sending the Order Acceptance. Where the correct price is lower than the price stated on the site you will be charged the lower amount, unless paragraph 7.5 below applies. If a price is higher than the price stated on the site, John Lobb may either (a) contact you to see whether or not you wish to go ahead with the Order; or (b) cancel your Order and notify you of the cancellation, in which case we will refund the price already paid by you (if any).
7.5 If a pricing error is obvious and unmistakeable, and could reasonably have been recognised by you as an error, John Lobb is under no obligation to supply Goods to you, at the incorrect (lower) price, even after sending the Order Acceptance.
7.6 Payment for all products must be made in pounds sterling by credit or debit card, using our online payment facility. Please note that John Lobb only accepts payment by the following cards: Mastercard®, Visa® and American Express®. Any currency conversion costs or other charges incurred in making a payment will be borne by you in addition to the price due to us.
7.7 If any of the Goods ordered are unavailable, only the price and delivery cost of relating to the available Goods will be debited.
7.8 John Lobb takes reasonable care to ensure that its online payment facility is available and functioning at all times, but cannot guarantee continuous, uninterrupted or secure access to such facility, nor can we guarantee that the facility is virus or error free. We also try to ensure that your payments are processed promptly, but it is often difficult to predict the amount of time needed to complete processing because it is dependent upon many factors outside of our control, such as delays in the banking system or in card networks. Access to the online payment facility may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to provide reasonable notice of any scheduled interruptions to such facility and will do what we can to restore the facility as soon as reasonably possible.
7.9 You will be given the opportunity to create an account on the site in order to save your invoicing and delivery information for future Orders. You will be issued with a unique user ID before you can use this facility. You will be responsible for protecting the confidentiality of this user ID and any password or other security information used by you to access your account on the online payment facility. You agree not to disclose this information to any third party. Any purchase made using this information is presumed to be done by you as owner of the information. If your password is lost, stolen or used fraudulently, you must inform John Lobb immediately. You may de-activate your account by sending an email to the Customer Services Department at any time. After deactivating your account, you are free to create a new one at your convenience.
8 Cancellation By You
8.1 You may cancel any Contract for the purchase of Goods within fifteen (15) calendar days after the day on which you receive the Goods.
If you wish to cancel a Contract under this paragraph 8.1, you must inform John Lobb in writing quoting the [order confirmation number] and promptly return any Goods you have already received, at your own cost, in the same condition in which they were received by you in their original packaging with proof of purchase. You must also fill in and send the “Return Card” specifying if you wish to exchange the Goods returned or if you require a refund. You have a legal obligation to take reasonable care of Goods while they are in your possession. If you fail to comply with this obligation John Lobb may have a right of action against you for compensation. The cost of returning the Goods safely (except where the Goods are damaged, incorrect or faulty) is your responsibility until received by us. We suggest you arrange a recorded or tracked service and consider insurance for more expensive items. In the event that you require an exchange rather than a refund, you also have the alternative option of returning the Goods to a John Lobb store as described in paragraph 8.8.
8.2 If you cancel a Contract in accordance with paragraph 8.1, you will receive a full refund of the price paid for the Goods together with any delivery charges you have paid. We will process the refund due to you as soon as possible and, at the latest, within 30 days of receiving your notice of cancellation. However, for Goods returned for exchange or a store credit at a John Lobb store as described in paragraph 8.8, we are unable to refund the delivery charges.
8.3 You do not have the right to cancel a Contract for the supply of the following types of Goods:
(a) Goods that have been custom made, altered to your personal specification, personalised or special orders;
(b) Goods which are perishable or edible, such as waxes or creams.
This does not affect your statutory rights.
8.4 Faulty Goods
(a) Faulty on receipt: If any Goods you receive are faulty when you receive them, you may reject the Goods by notifying us within twenty-one (21) days of delivery. We will ask you to return the Goods to us. We will inspect the returned Goods and, if we agree that they are faulty, you will be entitled to a full refund, including any delivery charges, or you may request that the Goods be repaired or replaced at our cost.
(b) Faults developing after acceptance: If you have not notified us of any defect within the twenty-one (21) day period referred to in (a) above, it will be assumed that you have accepted the Goods. If Goods develop a fault after you have accepted them, you should notify us as soon as possible after discovering the fault. We will ask you to return the Goods to us, and:
(i) If you notify us of a fault within six months of receiving your Goods, and we agree that the Goods are faulty, you will be entitled to have the Goods repaired or replaced. Where repair or replacement is not possible or is likely to be disproportionately expensive, or would take too long or cause too much inconvenience, you may be entitled to a refund.
(ii) If you notify us of a fault more than six months after receiving your Goods, you may still be entitled to have them repaired or replaced and/or refunded, as above, but we will be entitled to ask you to provide reasonable proof that the Goods were faulty at the time of delivery.
In all cases we will reimburse any reasonable costs you incur in returning faulty Goods to us, provided we agree they are faulty.
8.5 If you wish to cancel an Order for Goods (or any part of the Order) at any time, whether prior to or after receiving the Goods, other than under paragraphs 8.1or 8.4, refunds and/or exchanges will be at John Lobb’s discretion. If you have already received the Goods, you must return the Goods to us at your own cost, in the same condition in which they were received by you in their original packaging with proof of purchase.
8.6 Where you are entitled to a refund, John Lobb will process the refund as soon as possible and, at the latest, within 30 days of confirming that you are entitled to it.
8.7 Unwanted Goods may also be returned to certain participating John Lobb stores, for exchange or a store credit, within 15 calendar days following the date of delivery. A list of participating stores can be found by clicking here. Please note that this option is not available for faulty Goods. Goods returned to stores for exchange must be in their original saleable condition in their original packaging with proof of purchase. Store credit can only be used for future purchases in the participating John Lobb stores and not on this site or over the phone. The stores cannot offer refunds for any Goods purchased under these terms of sale and under no circumstances will it be possible for the stores to credit your credit or debit card in respect of such purchases.
8.8 We do not currently exchange or allow refunds for Goods purchased in John Lobb stores via this site.
9 Cancellation by us
9.1 John Lobb reserves the right to cancel any Order if John Lobb has reasonable cause to suspect that such customer has violated these Terms and Conditions, or is engaged in any fraudulent or criminal activity or on any other legitimate grounds.
10 Our Warranties
10.1 We warrant that all Goods will (subject to clause 4.6) conform to the descriptions set out on this site or in other John Lobb information, publications or materials and that the Goods will be of satisfactory quality and be reasonably fit for all the purposes for which Goods of that kind are commonly supplied.
10.2 All other warranties are, to the fullest extent permitted by law, excluded from any Contract made under these terms of sale.
10.3 We will not be liable for or in connection with any defect or deterioration in Goods caused by or arising from:
(a) fair wear and tear;
(b) damage to the Goods caused by you or any third party (other than third parties under our control), whether deliberately or by accident;
(c) use of the Goods other than in the manner instructed or recommended by us or the manufacturer; or
(d) any alteration or repair made to the Goods without our prior written approval.
11 Your Warranties
11.1 By placing an Order using the site, you warrant that:
(a) you are legally capable of entering into binding contract;
(b) you are at least 18 years old; and
(c) any personal information you provide to us will be complete and accurate.
12 Third Party Sites
12.1 John Lobb may provide links on the site to the websites of other companies, whether affiliated with John Lobb or not. John Lobb cannot give any guarantee as to the quality or suitability of any products or services you purchase from third party sellers through the site, or from companies to whose website we have provided a link through the site, and we accept no liability for any defect in any such products or services.
13.1 Where we have been negligent and/or breached a contractual obligation to you, we will be liable for any loss or damage you suffer as a result, as long as the loss and/or damage is foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our negligence or breach of contract, or would have been considered by you and us to be a likely consequence of it at the time we entered into the Contract.
13.2 We do not accept any liability for the following types of loss, whether caused by breach of contract, tort (including negligence) or otherwise, even if the loss is foreseeable:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits;
(d) loss of anticipated savings;
(e) loss of data; or
(f) waste of management or office time.
13.3 We do not exclude or limit our liability for death or personal injury arising from our negligence, for fraud or fraudulent misrepresentation, or for any other liability which cannot be excluded or limited under applicable law.
13.4 Nothing in these terms of sale shall affect your statutory rights.
15 Events Beyond our Control
15.1 We will not be liable for any breach of our obligations in any circumstances where our failure to perform our obligations is caused in whole or in part by your failure to perform any of your obligations under these terms of sale, including but not limited to any failure or delay in making payment or accepting delivery.
15.2 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms of sale that is caused by events outside our reasonable control, such as strikes, lock-outs or other industrial action; terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster or impossibility of the use of public or private transport. We will notify you as soon as we can, if any such event arises, and our obligations under these terms of sale will be suspended for the period that the event continues. We will take reasonable steps to bring any such event to a close or to find a means of performing our obligations despite the occurrence of the relevant event.
16 Notices and Communication
16.1 All communications and notices from you must be sent to John Lobb by email at firstname.lastname@example.org.
16.2 John Lobb may communicate and give notice to you via post, email or by posting notices on the website. Notice will be deemed received and served immediately when posted on the site, 24 hours after an email is sent, or 2 days after the posting of a letter by first class post. In proving the service of any notice it will be sufficient to prove that, in the case of a letter that the letter was correctly addressed, stamped and posted, and in the case of an email that the email was correctly addressed and sent.
17.1 Your Contract will be made on the terms of sale in force at the time that you place your Order, subject to the following provisions of this paragraph 17.
17.2 Occasionally we may be required to change these terms of sale by law or governmental authority. In such cases the amended terms of sale will apply to Orders previously placed by you but not yet fulfilled.
17.3 We also reserve the right to revise and amend these terms of sale from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities. Where we notify you of the change to these terms of sale before sending you the Order Acceptance, we will assume that you have accepted the change to the terms of sale unless you notify us to the contrary within seven working days of receipt by you of the relevant Order Acceptance.
17.4 If you are a consumer, you have the right to cancel any Order without charge if we change our terms of sale and the change is likely to be materially detrimental to you. You must exercise this right within 30 days of being advised of the relevant change to our terms.
18 Third party Rights
No person other than a party to a Contract under these terms of sale will be entitled to enforce any provision under these terms of sale.
19 Intellectual Property
All material on this site (drawings, designs, illustrations, photographs, sound tracks, written text, logos, trademarks...) are the exclusive property of JOHN LOBB SAS. You may not reproduce, by any means or process (except as expressly provided herein), totally or in part, distribute, publish, transmit, create derivative works based on, modify or sell any such material contained on the Johnlobb.com website.
The ”John Lobb” trademark, and all other John Lobb related marks and logos, whether or not registered, displayed on the site, as well as the domain name "Johnlobb.com," are and will remain the exclusive property of JOHN LOBB SAS. Any reproduction, distribution, transmission, modification or use of these trademarks for any purpose without prior, express agreement of JOHN LOBB SAS is prohibited.
You may not remove any copyright, trademark or other proprietary notice contained on the Johnlobb.com website or any content contained therein. You may make a single copy of web pages published on the site for your own private, personal and non-commercial use, provided that any copy of such web pages shall retain all copyright and other proprietary notices contained therein.
20.1 If we fail at any time to insist that you perform any of your obligations under these terms of sale, or if we do not exercise any of our rights or remedies under these terms of sale, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you, this does not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these terms of sale will be effective unless we expressly say that it is a waiver and we tell you so in writing.
20.2 If any of these terms of sale are determined by a competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
20.3 These terms of sale will be governed by and construed in accordance with the laws of England. You and we each agree that the English courts will have non-exclusive jurisdiction over any claim or dispute arising from, or related to, the ordering and/or supply of Goods, services or events via the site.
TERMS AND CONDITIONS OF USE OF THE WEBSITE "JOHNLOBB.COM"
SECURITY & PRIVACY
All the elements (designs, styles, illustrations, graphics, soundtracks, wording, logos, trademarks, etc.) contained in the Johnlobb.com website are the exclusive property of John Lobb. It is forbidden to reproduce all or any part thereof by any process whatsoever (with the exception of that which is expressly provided herein), or distribute, publish, transmit, modify or sell all or any part of the content of the Johnlobb.com website or to create any material derived therefrom.
The "John Lobb" trademark, the figurative trademark of a "J" and an "L" back to back, all other trademarks and logos associated with John Lobb, registered of otherwise, displayed on the Johnlobb.com website, as well as the domain name Johnlobb.com, are and shall remain the exclusive property of John Lobb SA. No reproduction, distribution, transmission, modification or use of these trademarks without the prior express agreement of John Lobb SA is permitted on any grounds whatsoever.
ABSENCE OF WARRANTY
John Lobb cannot warrant or certify that the johnlobb.com website is free of viruses, worms, Trojan horses or other material of a destructive nature.
The Johnlobb.com website may contain technical inaccuracies or other defects and John Lobb gives no assurance that these will be corrected. The website and its content are presented "as is" and "as available". John Lobb hereby expressly excludes any warranty of any nature, express or implied and, in particular, any implicit warranties as to the suitability or fitness of the said website or its content for any purpose, or for any routine or specific use, quality or of not being in breach of any legal provision whatsoever, without such list being limitative in any way whatsoever.
Since our footwear is handcrafted, the colour of the leather samples shown may vary from the actual colours of the finished product.
APPLICABLE LAW - DISPUTES
These Terms of and Conditions of Use will be governed by and construed in accordance with the laws of England. You and we each agree that the English courts will have non-exclusive jurisdiction over any claim or dispute arising from, or related to, the use of the site.