Terms & Conditions
USER CONDITIONS
Thank you for accessing this Website www.joules.com. Please read these User Conditions before using this site which is operated by Joules Limited, a company registered in England with company number 2934327 (and registered for VAT purposes with number GB 638 4200 49), whose registered office is at Joules Building, The Point, Rockingham Road, Market Harborough, Leicestershire LE16 7QU (“we” or “us”). We operate this site for the purpose of promoting and selling products supplied by us. By using this site, you signify your acceptance of these conditions in return for which we will provide you with access. From time to time we may modify the conditions so please continue to review the conditions of use whenever accessing or using this site. If at any time you do not wish to accept these conditions then you may not use this site.
NO RELIANCE
Whilst we take steps to ensure the accuracy of the information accessed via this site, we cannot guarantee or give any warranty as to the accuracy, timeliness or completeness of any information or material appearing on it. We have no responsibility for content provided by third parties and are merely providing access to such content to you. We have no obligation to verify the content of such information nor to edit any such information provided by third parties. We do not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any third party details and you acknowledge that any reliance on such information will be at your own risk.
COPYRIGHT NOTICE
This site and all materials, text, code, content, software, videos, music, sound, graphics, photographs, illustrations, artwork, names, logos, marks, formats, files, devices and links contained in it or linked to it (together “Content”) are protected by copyright, trade marks and other rights of intellectual property owned by us or licensed to us. Anyone accessing this site is entitled to view any part of it. However, the Content must not be used nor reproduced (in whole or part) for any other purpose including on or in connection with another website or publication or for direct commercial gain. Furthermore, any links to this site must be notified to and approved by us before they are created or steps are taken to create the same.
NO WARRANTY
This site and its content are provided “as is” excluding warranties of any kind, either express or implied, to the fullest extent permissible under applicable law. We accept no liability for functions contained on the site and make no warranty that the site will operate uninterrupted or error-free or that any defect will be corrected. We do not warrant that the site is compatible with your computer equipment or that the site or its server is free of errors, viruses, worms or "Trojan horses" and we shall not be liable for any damage you may suffer as a result of such destructive features.
LIMITATION OF LIABILITY
You acknowledge that your use of this site and its content is at your own risk.
Except for liability which we cannot by law restrict or exclude, we shall have no liability to you or any third party for any direct, indirect or consequential damages (including loss of profits), or any other damages of any kind whether based on warranty, contract, tort (including negligence) or otherwise. Applicable law may not allow the limitation or exclusion of liability of certain damages, so this limitation or exclusion may not apply to you in its entirety.
LOCAL LAWS AND REGULATIONS
This site is not directed at persons in a jurisdiction where for any reason the site’s publication or availability is prohibited and any person for whom such a prohibition applies must not access the site. Those who access the site do so on their own initiative and are responsible for compliance with applicable local laws or regulations.
PRIVACY STATEMENT
This statement sets out our policy in relation to the holding and using of information, which we may obtain from you when you contact us via the website. We will only use your personal information in accordance with, and for the purposes set out in, the data protection statement included on the relevant web page where you Privacy Policy. The relevant web page also allows you to tell us not to use your personal information in these ways.
It is intended that by providing personal information about yourself to us you consent to their use for the above purposes. It is intended that any consent given above will benefit any purchaser of our business. If, at any time in the future you would like us to stop using your details for any of the above purposes please email us at [joulesteamUSA@joules.com] or by writing to [Joules Ltd, PO Box 7128, Corby NN17 9AQ].
This site incorporates the use of Cookies. Cookies are small data text files that are sent from a server computer during a browsing session. Cookies are typically stored on your computers hard drive and are used by Websites to simulate a continuous connection to that site. In order to make our site more responsive to your needs we use cookies to track and manage information relative to your specific interests. In this way we can tailor our site to your needs, deliver a better and more personalised service and track the pages on our site that you visit. The use of cookies automatically identifies your browser to our computers whenever you interact with our site. Your browser options allow you to disable cookies. You should note that if you do disable cookies, you may not be able to access all the services on this site.
VALIDITY OF PROVISIONS AND REMEDIES
If any provision of these conditions is or becomes invalid or contravenes applicable regulations then the remaining provisions will not be affected.
WAIVER
No waiver by us of any breach of these conditions shall constitute a waiver of any other breach. No failure by us to exercise any remedy shall constitute a waiver of the right subsequently to exercise that or any other remedy.
LINKS TO THE SITE
Websites or pages to which this site is linked (other than other websites operated by us) are for information only and have not been reviewed by us. We have no responsibility for the content of such websites or pages and accept no liability for any losses whatsoever that may be incurred as a result of any linking to the same.
GOVERNING LAW AND JURISDICTION
These conditions are governed by the laws of England.
Information about us
www.joules.com is a site operated by Joules Limited (“we”, “us” or “our”). We are registered in England and Wales under company number 2934327 and with our registered office at Joules Building, The Point, Rockingham Road, Market Harborough, Leicestershire LE16 7QU. Our VAT number is GB 638 4200 49.
How the contract is formed between you and us
After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the “Dispatch Confirmation”). The contract between us (the “Contract”) will only be formed when we send you the Dispatch Confirmation.
The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
Your right to cancel
If you are contracting as a consumer (as ‘consumer’ is defined in clause 3(b) above), you have a right under the Consumer Protection (Distance Selling) Regulations 2000 (as amended) to cancel the Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products and the cost of their delivery to you by us in accordance with our refunds policy at clause 9 below.
[We have a policy that, in addition to your statutory rights noted at clause 5.1 above, you can cancel the Contract:
(a)
in relation to Products which were not sold as part of a promotion or sale, at any time within 28 days of the date of delivery; or
(b)
in relation to Products which were sold as part of a promotion or sale, at any time within 14 days of the date of delivery
in each case, you will receive a full refund of the price paid for the Products and the cost of their delivery to you by us.]
To cancel a Contract, you must inform us in writing – please see clause 5.4 for details of how to contact us. You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You must take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
In order to exercise your rights under clauses 5.1 to 5.3 above:
(a)
where we have delivered the Products to you, just fill in the form on the back of your invoice and put it in your parcel and post it to us within the relevant time period noted above together with the relevant Product(s). Please make sure that you get a 'proof of posting' certificate from your Post Office; or
(b)
where we have not yet delivered the Products to you, [email us at [joulesteamUSA@joules.com] or write to [Joules Ltd, PO Box 7128, Corby NN17 9AQ] within the relevant time period noted above.
It is important for you to know that nothing in this clause 5 affects your rights as a consumer (as ‘consumer’ is defined at clause 3(b) above). As a consumer you have the benefit of certain warranties implied into the Contract. For example, the Sale of Goods Act 1979 (as amended) implies a term into the Contract that the Products must be of satisfactory quality and fit for purpose. Please see clause 9.1(b) below in relation to Products which you consider are defective.
Availability and delivery
Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 10 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
Risk and title
The Products will be at your risk from the time of delivery.
Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
Price and payment
The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
These prices include (where applicable) VAT but exclude delivery costs, which will be added to the total amount due as set out in our Delivery Guide.
To Joules’ Delivery Guide.
Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
Payment for all Products must be by credit or debit card. We accept payment with Visa, Mastercard and American Express credit cards, as well as Solo and Maestro debit card. We will not charge your credit or debit card until we despatch your order.
Our refunds policy
When you return a Product to us:
(a)
because you have cancelled the Contract between us in accordance with clause 5 above, we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us.
(b)
for any other reason (for instance, because have notified us in accordance with paragraph 20 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect which we have examined and agreed exists will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
Our liability
We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
This does not include or limit in any way our liability:
(a)
for death or personal injury caused by our negligence;
(b)
under section 2(3) of the Consumer Protection Act 1987;
(c)
for fraud or fraudulent misrepresentation;
(d)
or
for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us and, including but not limited to:
(a)loss of income or revenue;
(b)loss of business;
(c)loss of profits or contracts;
(d)loss of anticipated savings;
(e)loss of data; or
(f)loss of data
provided that this clause 10.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 10.1 or clause 10.2 or any other claims for direct financial loss that are not excluded by any of categories (a) to (f) inclusive of this clause 10.4.
Import duty
If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
Notices
All notices given by you to us must be given to Joules Limited at [Joules Ltd, PO Box 7128, Corby NN17 9AQ] [OR] [Joules Building, The Point, Rockingham Road, Market Harborough, Leicestershire LE16 7QU] [or by emailing [joulesteamUSA@joules.com]]. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 12 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
Transfer of rights and obligations
The contract between you and us is binding on you and us and on our respective successors and assigns.
You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of the Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (a “Force Majeure Event”).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a)strikes, lock-outs or other industrial action.
(b)civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c)fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d)impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e)impossibility of the use of public or private telecommunications networks.
(f)the acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
Waiver
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 13 above.
Severability
If any of these terms and Conditions or any provisions of a Contract are determined by any 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.
Entire agreement
These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
Our right to vary these terms and conditions
We have the right to revise and amend these terms and conditions 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.
You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
Law and jurisdiction
Contracts for the purchase of Products through our site 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) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
