Terms and Conditions
US GENERAL TERMS AND CONDITIONS OF SALE FOR THE JOHNLOBB.COM WEBSITE
United States of America – March 2017
The purchase of any products offered on johnlobb.com website is subject to these Terms and Conditions ("Terms and Conditions").
Orders may only be placed on the johnlobb.com website by individual consumers and corporations purchasing goods other than for resale. Any resale or distribution of John Lobb products purchased on johnlobb.com website is strictly prohibited.
John Lobb may update these Terms and Conditions of Sale at any time without prior notice.
By ordering any goods offered on the Johnlobb.com website, on the John Lobb US 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
This site is operated by JL AND COMPANY LIMITED. Unless otherwise stated, we are the supplier of the goods available via this site in the John Lobb US e-store.
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:
“Contract” means the contract formed when we accept your Order by sending you our Order Acceptance;
“Goods” means any goods available to purchase on this site;
“Order” means your order for goods placed via this site or by phone by dialing +1 (714) 662 3300 from Monday to Sunday, 10.00 a.m. to 8.00 p.m. PST, from anywhere within the United States, excluding Puerto Rico, Guam and all other U.S. possessions and territories situated outside North America.
“Order Acceptance” See Section 4..
TERMS OF ORDERING
4.1 You may place your order via this site or by phone by dialing +1 (714) 662 3300 from Monday to Sunday, 10.00 a.m. to 8.00 p.m. PST, from anywhere within the United States, excluding Puerto Rico, Guam and all other U.S. possessions and territories situated outside North America.
The delivery zone for John Lobb products ordered via the Johnlobb.com website is restricted to the United States, excluding Puerto Rico, Guam and all other U.S. possessions and territories situated outside North America (see "Delivery zone").
4.2 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.
4.3 For each product selected on the johnlobb.com website, a summary page will be displayed featuring a photograph of the item, its coloring and references, the quantity selected, its unit price and the total amount owed for your order. You should check that this information accurately reflects your selection before confirming your order. Upon confirmation, your order will be submitted to John Lobb for processing. While every effort is taken to try to ensure that the coloring, design and style of the John Lobb products in the photographs displayed on the Johnlobb.com website are representative of the original products, variations may occur due to technical restrictions of color reproduction on your computer equipment. John Lobb reserves the right not to accept or to cancel your order in our sole discretion for any reason without liability if, among other things, the products are not available, are incorrectly priced or are otherwise incorrectly described. Accordingly, John Lobb shall not be liable for any error or inaccuracy in the photographs or graphical representations of John Lobb products displayed on the Johnlobb.com website. If you have any questions about the products, you may contact our Customer Service
4.4 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.
4.5 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 authorization 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 PST, excluding bank holidays) will not be processed until the following business day.
4.6 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.
4.7 John Lobb reserves the right to cancel any order placed by a customer with whom it has a dispute concerning a prior order, or if John Lobb has reasonable cause to suspect that such customer has violated these Terms and Conditions of Sale, or is engaged in any fraudulent activity or for any other legitimate cause.
4.8 Our offers of products are valid as they are displayed on the johnlobb.com website, subject to availability. Instructions about the availability of products are provided at the time of the ordering. At times, errors may exist, especially in case of simultaneous orders of the same product by several customers. In the case of unavailability of a product after ordering, you will be informed by email or by phone as soon as possible, and it will be proposed to you either to order another item shown on the johnlobb.com website in substitution or to cancel your order. If you choose to cancel your order, you will be refunded if your bank account has been debited.
4.9 Customized items cannot be cancelled once the order is placed. John Lobb shall not be liable in case of stock outage or unavailability of products. John Lobb reserves the right to change at any time and without notice the items proposed on the John Lobb website.
4.10 At the end of the ordering procedure, you are invited to click on the “Proceed to Payment” button, at which time your order will be transmitted to John Lobb for processing and may not be amended or cancelled except pursuant to the conditions provided for herein the Terms and Conditions of Sale or in conditions provided for pursuant to applicable law. The confirmation of your order means your acceptance of the Terms and Conditions of Sale.
You will receive an order summary.
5. PRICE AND PAYMENT
5.1 The prices of the Products are indicated in US dollars, excluding taxes, costs for storage, transportation and insurance, which are payable by Client over and above the listed price. Each order must be paid for at the price displayed on www.johnlobb.com.
5.2 John Lobb reserves the right to modify the prices of Products offered on the johnlobb.com website at any time without prior notice. You will be charged the prices displayed on the johnlobb.com website at the time your order was confirmed provided the Products ordered were available at this time, however,
5.3 John Lobb reserves the right not to accept or to cancel your order if the Products are not available, are incorrectly priced or are otherwise incorrectly described.
5.4 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.
The data registered by johnlobb.com website establish the proof of the whole transaction operated between John Lobb and its customers. In case of dispute between John Lobb and one of its customers about a transaction made on the johnlobb.com website, the data registered by John Lobb shall be considered as an irrefutable proof of the content transaction.
5.5 Prices and any applicable delivery and/or processing charges will be as quoted on the site from time to time.
5.6 The final price payable for your Order includes the delivery charge. 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.
5.7 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. 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).
5.8 If a pricing error is obvious and unmistakable, and could reasonably have been recognized 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.
5.9 All orders are payable in US Dollars. Accepted charge or credit cards are: MasterCard®, Visa®, American Express®, bound to a bank account in the United States. Our order will only be effective after the checking of your payment method and once John Lobb receives authorization to process your payment.
5.10 If any of the Goods ordered are unavailable, only the price and delivery cost of relating to the available Goods will be debited.
5.11 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.
5.12 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 deactivate 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.
6. RESERVATION OF TITLE AND RISKS
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.
6.3 In case of a payment dispute, you undertake to return the received products to John Lobb immediately upon request, and to assume the risks (in particular the loss, theft or damage) relating to the delivered products.
7. DELIVERY / TIME FOR PERFORMANCE
7.1 Goods purchased via the johnlobb.com website may only be delivered within the United States, excluding Puerto Rico, Guam and all other U.S. possessions and territories situated outside North America.
Any delivery address situated outside this zone will be refused during the ordering procedure. John Lobb will not process any order for which a post office box or APO/FPO address is provided.
Goods will be shipped to the delivery address (es) specified during the ordering procedure.
7.2 You will be asked to select the shipment method you would prefer as part of the order procedure. Delivery costs depend on the delivery service you select:
Ground shipping $15
Please allow between three or seven working days between the date of the order and the date of the delivery.
Overnight shipping $45
Please note that the order must reach JL before 2 p.m (EST). It will be delivered the following working day. This option is not available for addresses in Hawaii and Alaska.
If you are not sure of your zip code, please contact our customer service on +1 (714) 662 3300, we will be happy to assist you.
We will inform you of the shipping costs for the shipment method you select in the order summary displayed on the johnlobb.com website before you confirm your order. This amount will be payable by you in addition to the price, including taxes, of the goods ordered.
7.3 We aim to deliver your goods, 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.
During the ordering procedure, we will inform you of the time required for delivery and the various forms of delivery available for the products purchased.
7.4 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.
7.5 Any failure to deliver or late delivery exceeding eight (8) business days should be reported to our Customer Service as soon as possible. In order for your claim to be accepted, please notify us within ten 30 business days from the date of confirmation of your order.
PROBLEMS OF DELIVERY
7.6 You should check that your shipment is correct on delivery. If there are any discrepancies in your order when the products are delivered to you, you should note the nature of the potential discrepancy (e.g., open package, damaged goods, etc.) by hand, if possible, on the delivery notice, and sign.
If the goods do not conform to your order or you are not satisfied with them, you may return them, exchange them or request a refund according to the terms and conditions contained in the section entitled "Returns - Exchanges - Refunds".
8. CANCELLATION BY YOU
8.1 You may cancel any Contract for the purchase of Goods within thirty (30) calendar days after the day on which you receive the Goods. 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, refunds and/or exchanges will be at John Lobb’s discretion.
8.2 If you wish to cancel a Contract 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 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.
8.3 Unwanted Goods may also be returned to certain participating John Lobb stores, for exchange or a store credit, within 30 calendar days following the date of delivery. A list of our US stores can be found on this website. 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.
8.4 Returns must be sent in their original condition and packaging to the following address:
John Lobb Los Angeles
South Coast Plaza, 3333 Bristol Street,
Costa Mesa CA 92626.
You must enclose the original receipt with your returns or a copy if you are returning part of your order.
8.5 For items received as a gift obtained from the johnlobb.com website, you are only entitled to a product exchange
8.6 If you cancel a contract you will receive a full refund of the price paid for the Goods together with any delivery charges you have paid.
In either case (exchange or refund), the shipping costs incurred in returning any replacement goods to you will be refunded if you were justified in returning the goods because they were not as ordered (e.g., product reference error, damaged goods, etc.). John Lobb has sole discretion in determining whether the products are in original condition when returned to Johnlobb.com website.
8.7 John Lobb will not be responsible or liable if any item you wish to return to the Johnlobb.com website is lost, misdirected or delivered late, insofar as clients are supposed to bear the risks of the shipping they choose.
We do not currently exchange or allow refunds for products purchased in John Lobb stores via the johnlobb.com website. If you ask for a refund,
John Lobb will use commercially reasonable efforts to ensure that any refund will be made within ten 10 business days of receipt of the goods returned by crediting your charge or credit card.
8.8 Under no circumstances will it be possible to grant you an electronic credit usable on the Johnlobb.com website, nor will the website issue a store credit for use in a John Lobb store. If you exchange products, the shipping costs for the first delivery will not be refunded. However, you will not be charged for the shipping costs of the second delivery. All returns can be credited towards any other item or items available on the John Lobb website store.
8.9 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, personalized or special orders;
(b) Goods which are perishable or edible, such as waxes or creams.
This does not affect your statutory rights.
Faulty on receipt: If any Goods you receive are faulty when you receive them, you may reject the Goods by notifying us within thirty (30) 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.
Faults developing after acceptance: If you have not notified us of any defect within thirty (30) days 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:
9. CANCELLATION BY US
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 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
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
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.
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.
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.
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.
Nothing in these terms of sale shall affect your statutory rights.
14. EVENTS BEYOND OUR CONTROL
14.1 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.
14.2 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.
15. NOTICES AND COMMUNICATION
All communications and notices from you must be sent to John Lobb by email at firstname.lastname@example.org.
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.
16.1 Your Contract will be made on the terms of sale in force at the time that you place your Order.
16.2 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.
16.3 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.
16.4 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.
17. 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.
18.1 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.
18.2 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.
18.3 These terms of sale will be governed by and construed in accordance with the laws of the US. You and we each agree that the US 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
The johnlobb.com website is not intended for minor children.
All material on the johnlobb.com website (drawings, designs, illustrations, photographs, sound tracks, written text, logos, trademarks, and all other intellectual property of any nature) are the exclusive property of John Lobb and its subsidiaries. You may not reproduce, by any means or process (except as expressly provided herein), in full 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. Any reproduction, distribution, transmission, modification or use of these trademarks for any purpose without prior, express agreement of JOHN LOBB 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.
LIMITATION OF LIABILITY
John Lobb shall not be liable to you or any third party for any indirect, incidental special or consequential damages, including, without limitation, loss of profits or other intangible losses, arising out of or in connection with your use or inability to use johnlobb.com website, even if John Lobb has been advised of the possibility of such damages.
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 color of the leather samples shown may vary from the actual colors of the finished product.
APPLICABLE LAW – DISPUTES
These Terms and Conditions of Use shall be governed by and construed in accordance with the Law of the state of New York, without regard to principles of conflicts of laws. The language of these Terms and Conditions of Use is English. In the event of a dispute, the Federal and State the courts of New York shall have exclusive jurisdiction and you hereby agree to submit to the exclusive jurisdiction of such courts. John Lobb shall be entitled to seek and obtain injunctive or other equitable relief to protect its rights hereunder.
ACCESSIBILITY WEB PAGE
John Lobb is committed to having a website with accessibility features that comply with the standards contained in the Web Content Accessibility Guidelines of the World Wide Web Consortium and Section 508 of the US Rehabilitation Act. We are currently taking steps to enhance the accessibility of our website to make it more accessible to our customers. If you require assistance, please contact Customer Service by telephone at +1 (714) 662 3300 or email us at email@example.com.
PUBLISHER - CONTACT DETAILS
J. L. & Company Limited, a company incorporated in England, registered with the Northampton Register of Trade under number 0164878
Head office: Westminster Works, Oliver Street, Northampton NN2 7JL, United Kingdom
Sales Office in the United States of America:
South Coast Plaza
333 Bristol St.
Costa Mesa CA
Phone: +1 (714) 662 3300
Person responsible for publication: Mr. Paul Goring, US Commercial Director
You can contact us at any time by email, at the following address: firstname.lastname@example.org