WEBSITE TERMS OF SALE
These terms and conditions of sale ("Terms of Sale") apply to any order for products placed by you, the customer ("you" or "your") through this site ("Order") and will form the basis of any contract (as defined below) between you and us (see "Our agreement with you" below). Please read these Terms of Sale carefully and make sure that you understand them before ordering any Products. By placing an Order for any Products through this site, you agree that you have read and understood the Terms of Sale and you agree to be bound by them. If you do not accept any of these Terms of Sale, you must not Order any Products from our site.
We may revise these Terms of Sale at any time by amending this page. The latest Terms of Sale that are shown to you before you place your order will apply to your Order. Please therefore read the Terms of Sale carefully each time before placing your order to take notice of any changes that we have made and to ensure that you understand the terms that apply at that time, as they are binding on you. Some of the provisions contained in these Terms of Sale may also be superseded by provisions or notices published elsewhere on our site. If you do not agree to any changes that we have made to the site, you must stop using the site immediately.
1. Information about us
1.1 www.jotterlondon.com is operated by NWL Switzerland Sàrl ("we", "us" or "our"). We are registered in Switzerland under company number CH-020.3.922.310-0 and we have our registered office at Chemin de Blandonnet 10, 1214 Vernier, Switzerland. Our VAT number is CHE105780593MWST.
1.2 If you have any questions about these Terms of Sale or how they might affect you, please contact us via the Contact Us form.
2. Our agreement with you
2.1 These Terms of Sale apply to all products supplied by us via this site ("Products"). We only accept Orders under these Terms of Sale and they may not be altered or added to without our written agreement.
2.2 You will have an opportunity to check and correct any input errors in your Order up until the point at which you submit your Order by clicking the "confirm order" button on the "checkout" page.
2.3 After you place an Order, you will receive an automatic e-mail from us acknowledging that we have received the Order ("Order Confirmation Email"). However, this does not mean that we have accepted your Order. We will confirm that we have accepted your Order by sending you an e-mail which confirms that the Products have been dispatched ("Dispatch Confirmation") within which we issue you with an invoice in respect of your Order. Once you have received the Dispatch Confirmation, your Order has been accepted and there is a binding contract between you and us ("Contract").
3. Who can purchase Products?
3.1 This site is directed at customers who access it from the UK and as such nothing in these Terms of Sale affects their statutory rights, either as consumers or otherwise. We do not represent that this site and its contents and appropriate for use in jurisdictions other than the UK. If you choose to access this site from locations outside the UK you are responsible for complying with local laws if and to the extent that they apply.
4. Product prices and description
4.1 The description and the price of each Product will be as shown in GBP sterling on the site at the time that you place your Order (unless there has been an obvious mistake).
4.2 We reserve the right to vary the price of a Product at any time before the Contract becomes binding on us. Whilst we try to ensure that all our descriptions and prices are accurate and kept up to date, errors may occur. If we discover an error in the price or description of the Products you have ordered, we will let you know as soon as reasonably possible. We will then offer you the option of reconfirming your Order or cancelling it in exchange for a full refund (see Cancellations and returns).
4.3 We may require you to pay a charge for the delivery of the Products in addition to the price and, if applicable, this charge will be quoted to you at the time you place your Order for the Products (see Delivery Information).
4.4 The price of the Products and any delivery charges are inclusive of VAT unless VAT is shown as a separate element.
4.5 Prices and delivery charges displayed or otherwise communicated are valid and effective only in United Kingdom mainland.
4.6 We accept orders for Products subject to availability. If on receipt of your Order, the Products you have ordered are not available, either in stock or by special order, we will inform you as soon as reasonably possible and if we are unable to obtain them in an agreed time we will cancel the Product from your Order and refund or credit you for any sum that has been paid by you for the Products.
4.7 Whilst we try to maintain continuity of supply in relation to all of our product lines, we reserve the right to discontinue any product at any time and we shall be under no obligation to supply you with a discontinued product in the future.
4.8 In the case of certain Products, variations may arise in the finish of those Products, for example where they originate from different factory batches. We shall not be liable for any loss caused by such variation where such variation does not diminish the quality of the Products.
4.9 Whilst we take every precaution in the preparation of the information and commentary on our site, this information is for your general guidance only and does not form part of the Contract (in the absence of fraud on our part).
5. Payment for the Products
5.1 You can pay for the Products and any delivery charges by any method shown on this site or which are notified to you at the time that you place your Order.
5.2 You must pay for the Products in advance at the time that you place your Order.
5.3 When you place your Order we validate the card details you have supplied. Receipt and validation of your card details does not constitute our acceptance of your Order. Once we have checked availability of the Products in your Order, we contact your card issue for authorisation of the relevant amount. Upon receiving authorisation we issue you with our invoice and take the money from your account. Payment by credit or debit card will not be effective until we are in receipt of cleared funds.
6.1 Please see our Delivery Information for more detail about our various delivery options.
6.2 Your Order will be delivered by the estimated delivery date set out in our Dispatch Confirmation unless there is an Event Outside Our Control (as defined below).
6.3 If we are unable to make an agreed delivery to your address for reasons due to our own fault, we will inform you as soon as possible and arrange another date for delivery or, if we are unable to deliver to the address at all, we will refund or credit you for any sum that has been paid by you for the Products.
6.4 If there is no one at the address you have given to accept delivery of the Products which require signing for them, we will seek to agree an alternative delivery date with you or agree for you to collect the Products. We reserve the right to make an additional charge for re-delivery and you will be informed of the amount at the time we arrange an alternative delivery date.
6.5 Unfortunately, we do not deliver to addresses outside the UK.
6.6 You may place an order for Products from outside the UK, but this order must be for delivery to an address in the UK.
7. Cancellations and returns
7.1 You have the right to cancel any Order or a Contract for any reason within 14 days of the date that the relevant Products are delivered to you.
7.2 To cancel an Order or a Contract, please contact us using the Contact Us form including details of the order number, what you bought, when you ordered or received it and your name and address and phone number. You may wish to keep a copy of your cancellation notification for your own records. When you send us your cancellation notice via the Contact Us form, then your cancellation will be effective from the date that you sent us the e‑mail or posted the letter to us.
7.3 If you cancel a Contract after the Products have been delivered to you, then you must return the Products to us in accordance with our Returns Procedure.
7.4 If you return Products to us that are not faulty or were not supplied in error, then you must pay for the cost of return.
7.5 If you believe that a Product is faulty or was supplied in error, then you should return the Product to us in accordance with our Returns Procedure. If the Product is faulty or was supplied in error, then we will refund the price of the Products in full, along with any applicable delivery charges that you paid, as well as any reasonable costs that you incur in returning the items to us in accordance with our Returns Procedure.
7.6 If we collect Products from you, then we will reimburse any sums due to you within 14days of the date on which you notified us that you wished to cancel the relevant Contract. In all other situations, we will reimburse you within 14days after:
7.6.1 the day on which we receive the Products once they have been returned to us; or
7.6.2 the day on which you provide us with evidence that the Products have been sent back to us.
7.7 We will reimburse you using the same means of payment that you used to pay for the Products, unless we have agreed alternative arrangements with you.
7.8 Please note that you have a legal obligation to take reasonable care of the Products while they are in your possession and we will not accept any liability for their loss, damage or destruction after they have been delivered to you. If the value of the Products has been reduced as a result of your handling of the Products (beyond what is reasonably necessary for you to establish the nature or functions of the Products), then we may recover the reduction in value from you, either by deducting this amount from any refund due to you, or by requesting payment directly from you.
7.9 If you return a single item bought as part of a multi-buy discount offer (e.g. "Buy 2 for £20.00") you will be refunded the full price of that item less the total discount given in the offer. If you return all items purchased with the multi-buy discount you will be refunded with the full multi-buy value.
7.10 For combination purchases (e.g. "buy one, get one free" or "get the lowest priced item free") you must return any free items back for us to process a refund.
7.11 Please note that, as a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by our returns policy described in these Terms of Sale.
If the Products in your Order do not arrive within the advised delivery period, please contact our Customer Services team by using the Contact Us form including details of the order number quoting the reference number shown in the Order Confirmation Email or invoice.
9. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
YOUR ATTENTION IS DRAWN TO THIS CLAUSE
9.1.1 death or personal injury caused by our negligent acts or omissions (or those of any of our employees or agents);
9.1.2 fraud or fraudulent misrepresentation; and
9.1.3 breach of any of the provisions implied into the Contract under the Sale of Goods Act 1979 or, where you are a consumer, the Consumer Rights Act 2015, in each case which cannot be excluded by mutual agreement,
we will only be responsible to you for any loss or damage which is not excluded under clause 10.2 or 10.3 below and which is a reasonably foreseeable consequence of a breach of the Contract. In relation to losses which are not excluded in clause 10.2 below, losses are foreseeable only where they could be contemplated by you and us at the time the Contact is entered into.
9.2.1 any loss of business, loss of revenue or loss of profit;
9.2.2 losses that were not foreseeable to you and us when the contract was made;
9.2.3 losses that were not caused by any breach of the Contract by us or our sub-contractor;
9.2.4 if you are not a consumer, any loss of data; or
9.2.5 colour match issues where you did not specifically order Products from the same production batch or where the difference in colour was apparent before the Product is provided.
9.3.1 Subject to clause 10.1 above, our aggregate liability to you (whether in contract, tort (including negligence) or otherwise) and in respect of all claims, losses and damages arising under or in connection with the Contract, including but not limited to direct or indirect damage to property caused by our negligence, shall not exceed the price of your Order in total for any claim or claims resulting from any one or more related incidents.
9.3.2 If within one year from the date of installation of the Products they prove to be defective by reason of faulty materials or manufacture or become defective by reason of faulty installation by us, our liability to you shall be limited to the replacement, and where appropriate reinstallation, only of such Products. In such circumstances:
220.127.116.11 you shall notify us in writing of the alleged defect within 10 days of the defect becoming apparent;
18.104.22.168 we will acknowledge any claim in writing and investigate such claim; and
22.214.171.124 we shall not be liable for any other expense or labour costs not authorised by us or, for the avoidance of doubt, any damage caused as a result of sub-contracted third party acts where such sub-contractor has not been instructed and/or specifically authorised by us to undertake the work.
9.4 Where this site contains links to other websites and resources provided by third-parties, these are provided for your information only. Such links should not be interpreted as approval by us of these linked websites or information you may obtain from them. We accept no liability for any information or content contained in external web pages in which are linked to this site. We have no control over the contents of third-party sites or resources, and accept no responsibility for them, or for any loss or damage that may arise from your use of them.
10. Ownership in the Products
Ownership of the Products will pass to you on the later of us having received payment in full for the Products (in cash or cleared funds) or delivery of the Products to you.
11. Data Protection
By placing an Order you consent to such processing and you warrant that all data provided by you is accurate.
12. Events OUTSIDE Our Control
12.1 We will not be liable or responsible for any delay or failure to perform our obligations under a Contract with you that is caused by an Event Outside Our Control. For this purpose, an "Event Outside Our Control" is as any act or event beyond our reasonable control, or that of our appointed suppliers or carriers from time to time, including (without limitation) strikes or industrial action, civil commotion, riots, terrorist attacks or threats of terrorist attack, war (whether declared or not), fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disasters, a failure of a public or private telecommunications networks, or the impossibility of using any railways, shipping, aircraft, motor transport or other means of public or private transport.
12.2 If an Event Outside Our Control takes place that affects the performance of our obligations:
12.2.1 we will contact you as soon as reasonably possible to notify you; and
12.2.2 we reserve the right to defer the date of delivery or to cancel our Contract with you, or, with your consent (not to be unreasonably withheld or delayed), reduce the number of Products ordered by you (without liability to you).
12.3 If an Event Outside Our Control continues for a continuous period in excess of 30days and affects the performance of our obligations under a Contract with you, then you shall be entitled to terminate the Contract by giving 14days prior written notice and you shall be entitled to a refund in respect of any Products not delivered to you.
13.1 We may transfer our rights and obligations under a Contract to another organisation but this will not affect your rights or our obligations under these Terms of Sale.
13.2 You may only transfer your rights or obligations under these Terms of Sale to another person if we agree in writing. However if you are a consumer and you have purchased a Product as a gift, you may transfer the benefit of any Product warranties to the recipient of the gift without needing to ask for our consent.
13.3 We will always try to resolve any complaints or disputes quickly and amicably. However, if there is any need to pursue a dispute more formally, you and we both agree that the courts of England and Wales will have non-exclusive jurisdiction over the matter. Nonetheless, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
13.4 If we fail to insist that you perform any of your obligations under our Contract with you, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
13.5 Each of the provisions contained in these Terms of Sale shall be construed as being independent of every other and if any provision in the Terms of Sale is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the limitations on liability, such determination shall not affect the validity of the remainder of the Terms of Sale which shall continue in effect with the invalid provision deemed deleted.
13.6 Any reference in these Terms of Sale to any Statute, Statutory Provision or Regulation includes a reference to that Statute, Statutory Provision or Regulation as amended extended or re-enacted at the relevant time.
13.7 Termination of the Contract shall not affect the rights and obligations that have already accrued at the time of termination.
13.8 Nothing in these Terms of Sale or the Contract is intended to or will create any benefit for or right to enforce any of the terms of the Contract to any third party.
13.9 The the relevant courts of the United Kingdom will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These Terms of Sale and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
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