Website Terms and Conditions of Sale Annex - Deliveries to Russia
Last updated October 2015
We are Joules Limited, a company 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 England.
Please read these terms and conditions carefully before ordering any products from the Joules Sites or over the telephone with our customer services team. These terms will apply to any contract between us for the sale of products to you. You should print a copy of these terms and conditions or save them to your computer for future reference.
By ticking the box on a Joules Site prior to placing your order with us which says "I Accept Joules’ Terms and Conditions of Sale" or by placing an order over the telephone with our customer services team, you are agreeing to be bound by these terms. If you do not accept these terms and conditions, you will not be able to order any products from us.
We may amend these terms from time to time in accordance with clause 14 .Every time you wish to order products, please check these terms to ensure that you understand the terms that will apply at that time.
If you have any questions about these terms or need advice as to your legal rights, advice is available from your local Citizens’ Advice Bureau or Trading Standards Office.
- USE OF JOULES SITES
- PRODUCT IMAGES
The images of products shown on the Joules Sites are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the actual colours of our products. The product you receive may vary slightly in colour from the image on your screen.
- YOUR STATUS
- You may only place an order through a Joules Site or over the telephone with our customer services team if:
- you are legally capable of entering into binding contracts;
- you are at least 18 years old; and
- you are a consumer (this means that you are an individual purchasing the products outside the course of your business or trade).
- You confirm and agree that all products you order are for your own private and domestic use and are not for resale.
- HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
- Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please ensure that you have checked your order at each page of the order process. Please note, once you have placed an order with us, we are unable to amend it.
- After placing an order, you will receive an email from us (sent to the email address that you have provided when placing your order) acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in 4.3.
- All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email 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.
- If we are unable to supply you with a product you have ordered, for example, if the product is out of stock or because of an error in the price on our website or inability to authorise your payment, we will inform you of this by email or telephone and we will not process your order. If you have already paid for the products, we will refund you the full amount as soon as possible. If you paid by voucher, we will issue you with a new voucher.
- CANCELLATION RIGHTS
- As a consumer, you have a legal right to cancel a Contract with us under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Your right to cancel a Contract begins on the date you place your order and ends 14 calendar days from the day after you receive the product you have ordered.
- To cancel a Contract, please notify us in writing during the time period specified in clause 5.1. You may either complete the Cancellation Form which you may submit to us, send an email to firstname.lastname@example.org or write to us at Customer Services Team, Joules Building, Saxon Way West, Corby, Northants, NN18 9ES. Please include details of your order to help us identify it. We will send you an email to confirm we have received your notification of cancellation.
- If you cancel your Contract in accordance with clause 5.2, you will receive a full refund of the price paid for the product and original delivery charges but you will not receive a refund of the cost of returning the product to us.
- If we have already dispatched the product before you decide to cancel your Contract, you must return it to us as soon as possible and, in any event, within 14 calendar days of cancellation. You can either return it to one of our shops or by post to Customer Services Team, Joules Building, Saxon Way West, Corby, Northants, NN18 9ES. If you return a product by post, you will need to pay the costs of returning the product to us and obtain proof of posting. Please enclose the delivery note provided in your original parcel and complete the relevant sections for a refund.
- We will process your refund as soon as possible. If we have dispatched the product before you cancel the Contract, we will process your refund within 14 calendar days after the day on which we receive the product back. If we have not yet dispatched the product before you cancel the Contract, we will process your refund within 14 calendar days of your cancellation.
- If you only cancel the Contract in respect of some but not all of the products in an order, you will not be entitled to a refund of the delivery charge as our delivery charges are charged at a flat rate per order and not by weight.
- Products must be returned in their original condition. We may reduce any refund due to you to reflect any reduction in the value of the product due to how you have handled it.
- Please note that we are unable to accept the return of swimwear from which the hygiene seal has been removed or underwear or earrings that have been removed from sealed packaging. These products cannot be returned for hygiene reasons.
- GOODWILL RETURNS, EXCHANGES AND REFUNDS
- In addition to your right to cancel a Contract as set out in clause 5 above, we also offer a goodwill returns policy as set out in this clause 6.
- If you are not completely happy with any product that you have ordered from us, you may return it to us in its original condition any time within 28 calendar days from the date of dispatch (or 14 days from the date of dispatch for sale items).
- You can return a product to one of our shops or by post to Customer Services Team, Joules Building, Saxon Way West, Corby, Northants, NN18 9ES.
During our sales periods in Joules UK stores, for all sales product returns, if you return a product by post, you will need to pay the costs of returning the product to us and obtain proof of posting. For all other returns within the UK at any other time, please use the freepost label on the delivery note provided in your original parcel. For all international returns at any time, if you return a product by post, you will need to pay the costs of returning the product to us and obtain proof of posting.
Please enclose the delivery note provided in your original parcel and complete the relevant sections for refunds/exchanges.
- Please note that we cannot be held responsible for any items which fail to reach us or for delays in your exchange/return reaching our warehouse. We recommend that overseas customers send their parcels via a registered trackable service and obtain a proof of receipt.
- Please note that we are unable to accept the return of swimwear from which the hygiene seal has been removed, underwear or earrings that have been removed from sealed packaging, or toiletries. These products cannot be returned for hygiene reasons.
- If you return a product under our goodwill returns policy, you will receive a full refund of the price paid for the product, but you will not receive a refund of the original delivery charges or the cost of returning the product to us.
- We will endeavour to process your refund and/or exchange with 14 calendar days of receiving the product back.
- If you have purchased products as part of an offer or discount, the amount refunded will be adjusted accordingly to reflect any failure to meet the original requirements for the offer or discount as a result of returning the product.
- Products must be returned in their original condition. We may reduce any refund due to you to reflect any reduction in the value of the product due to how you have handled it.
- DEFECTIVE PRODUCTS
- Nothing in these terms and conditions affects your legal rights in respect of products which are defective or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards Office.
- If you think that a product is defective or mis-described, please contact our Customer Service Team by using our Contact Details. One of our Customer Service Team will be able to advise you on how to return your goods.
- All returns for potentially defective products will be examined once they have been received by us and we will notify you if you are entitled to a refund via email within a reasonable period of time. We will usually process any refund due to you as soon as possible and, in any case, within 30 calendar days of the day we notified you via email that you were entitled to a refund for these products. If it is the case that we notified you that you are entitled to a refund, you will receive a full refund of the price paid for the product, the original delivery charges and the cost of returning the product to us.
- We will usually refund any money due to you using the same method originally used by you to pay for your purchase.
- If you return a product to one of our shops, we will only be able to process the refund in store if the product was originally purchased using a credit or debit card and you bring the card with you. Where the item was originally purchased using PayPal, was paid in part or full using vouchers or if you do not bring your credit or debit card with you, we will be unable to immediately process the refund in store and we will return the item to our warehouse where the refund will be processed.
- For the avoidance of doubt, exchanges are treated as a refund of the old product and a new purchase for the new product, so please be aware that you will see both of these transactions on your account.
- Delivery will take place within 30 calendar days of the date of Dispatch Confirmation or such other time period as is agreed between us. We will give you an estimated delivery date when we send your Dispatch Confirmation. We will endeavour to fulfil your order by this estimated delivery date but we cannot guarantee this.
- If we do not deliver your product within these 30 calendar days or within the other time period agreed between us, you may cancel your order by contacting us using our Contact Details.
- If you provide to us any instructions relating to the delivery of your order (including, without limitation, instructions to leave the products in a particular place, outhouse or with a neighbour), you are responsible for ensuring the accuracy of these instructions and we shall not be liable to you in relation to any loss of or damage to the product resulting from our following of your instructions.
- Delivery will be complete when we deliver the product to the address you gave us or in accordance with your other instructions.
- You will own the product once we have received payment in full, including all applicable delivery charges.
- INTERNATIONAL DELIVERY
- We deliver to certain countries outside the UK, see here for a list of these countries. 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.
- We operate a standard pricing policy in that the prices of the products quoted on the Joules Sites and/or in our catalogue from time to time are the same, irrespective of the intended country of their delivery. These prices include VAT where applicable. Therefore: a) these prices include VAT where it is applicable for the country of delivery, where deliveries are within the EU; and b) these prices do not include VAT where it is not applicable for the country of delivery, where deliveries are outside the EU (including the Channel Islands), and you will not be entitled to any VAT refunds or associated discounts in this respect.
- 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.
- In respect of deliveries to Russia, our appointed carrier, DHL has specific terms and conditions of carriage and customs operations which apply. Please see Annex-Deliveries to Russia.
- We warrant to you that any product purchased from us will be, for a period of 6 months from the date of delivery, of satisfactory quality, free from material defects and reasonably fit for all the purposes for which products of the kind are commonly supplied.
- We will not be liable for any defect in the product arising from fair wear and tear, failure by you to follow specific care instructions, wilful damage, abnormal storage, accident, negligence by you or any third party or any alteration or repair made by you or a third party.
- Our liability for losses you suffer as a result of us breaking these terms is limited to the purchase price of the product you purchased and any losses which are a foreseeable consequence of us breaking these terms. Losses are foreseeable if they are an obvious consequence of our breach or they were contemplated by you and us at the time the Contract was formed.
- We do not exclude 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 breach of the terms implied by sections 12 to 15 of the Sale of Goods Act 1979; (d) for fraud or fraudulent misrepresentation; or (e) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
- We only supply products for domestic and private use and you agree not to use any products for commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
- PRICE AND PAYMENT
- The prices of the products will be as quoted on the Joules Sites and/or in our catalogue from time to time at the time you place your order. However, please see clause 12.4 for what happens if we discover an error in the price of any product you order.
- These prices include (where applicable) VAT at the prevailing rate but exclude delivery costs, which will be added to the total amount due as set out in our Delivery Guide. Please also see clause 10.2.
- We may change our prices at any time but changes will not affect any order in respect of which we have already sent you a Dispatch Confirmation.
- The Joules Sites and catalogues contain a large number of products and it is always possible that, despite our best efforts, some of the products listed on the Joules Sites or in our catalogues may be incorrectly priced. We will normally check 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 or in our catalogue, we will contact you to inform you of the error and give you the option of either continuing your purchase of the product at the correct price or cancelling your order. If we are unable to contact you using the details you provided during the order process, we will treat your order as having been cancelled and notify you in writing.
- We are under no obligation to provide any product to you at an incorrect (lower) price 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 card, debit card, e-voucher, Joules gift card or using PayPal. We accept Visa, Mastercard, American Express and Maestro.
- Online payments will be made within a secure environment. We use the latest encryption technology (SSL) to ensure that your transactions with us are private and protected. When you proceed to make your purchase, your browser makes a connection to the secure section of our website. Your browser will show a padlock in the browser window frame and the website address will begin with “https://” to indicate that it has made a secure connection. Our payment system also complies with the Payment Card Industry Data Security Standard. Your bank may request that you are screened using 3D Secure (“MasterCard SecureCode” or “Verified by Visa”) or by an independent fraud prevention service. We may contact you for additional security purposes should we deem this necessary.
- We require payment for products and any delivery charges in advance of delivery. Upon receiving your order we carry out a standard pre-authorisation check on your payment method (card or PayPal) to ensure there are sufficient funds to fulfil the transaction. We will take payment from your debit or credit card or your PayPal account when we dispatch your order. Where you are paying by e-voucher or Joules gift card, the voucher or Joules gift card (as the case may be) will be redeemed at the time your order is placed.
- PERSONAL INFORMATION
- CHANGES TO THESE TERMS AND CONDITIONS
- We may amend these terms and conditions from time to time to reflect changes in relevant laws and regulatory requirements, market conditions, technology, payment methods or our system’s capabilities. The date at the top of this page will be amended each time these terms are updated.
- Every time you order products from us, the terms in force at the time of your order will apply to the Contract between us. If we amend these terms after you have placed an order but before we have sent you a Dispatch Confirmation, we will notify you of the amendment to the terms and will assume that you have accepted the amended terms unless you notify us in writing within 7 calendar days.
- OTHER IMPORTANT TERMS
- We may transfer our rights or obligations arising under a Contract to another organisation but this will not affect your rights and obligations under these Terms.
- You may not transfer your rights or obligations arising under a Contract without our prior written consent. However, if you have purchased a product as a gift, you may transfer the benefit of our warranty to the recipient without needing to ask for our consent.
- This Contract is between you and us. Other than in the case of a warranty which has transferred under clause 15.2, no other person shall have any right to enforce any of its terms.
- If we do not insist upon strict performance of any of your obligations under these terms or if we do not enforce any of our rights against you, this shall not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations.
- Each of the clauses in these terms operates separately. If any court decides that any of them are unlawful or unenforceable, the remaining clauses will continue in full force and effect.
- JOULES PREMIUM WELLINGTONS GUARANTEE
- All Joules Premium Wellies purchased through our shops, via Joules mail order, official stockists or on joules.com are guaranteed to the original purchaser for 12 months from the date of purchase against manufacturing faults and imperfections. This applies to wellies purchased after 7th March 2013.
- Within the first year of purchase, if you have reason for complaint, please contact our Customer Service Team on +44 (0)845 250 7152 or email email@example.com. In most instances, you will be advised to thoroughly clean your wellies and send them back to us with a proof of purchase. It is essential for both hygiene and for assessment purposes that faulty items are returned to us in a clean, dry, presentable fashion.
- If we agree that the Wellies do suffer from a manufacturing fault then we will at our option either issue you with a replacement pair (if we have one in stock) or we will reimburse you the purchase price.
- This guarantee does not cover damage or faults caused by misuse or by normal wear and tear (e.g. scratches and scuffs, wear on the soles, or inappropriate care. Any repairs carried out by a third party, or any alteration (e.g. personalisation) of the Wellies will invalidate this guarantee. This guarantee does not affect your statutory rights.
- CONTACT DETAILS AND COMMUNICATIONS
- If you have any questions, comments or requests regarding these terms of sale, the Joules Sites or our products, please email us at: firstname.lastname@example.org. Alternatively, you can call us on: 0845 250 7170 or you can write to us at: Customer Services Team, Joules Building, Saxon Way West, Corby, Northamptonshire NN18 9ES, England.
- Where these terms refer to or require us to contact you in writing, you agree that this includes by email. We may email you using the email address you provide to us when you place your order.
- We hope that all our customers have an enjoyable and satisfying experience when shopping with us through all our channels. However, we realise that sometimes things can go wrong and that may mean a customer will want to complain. If you have a complaint, please contact us via our contact details set out above. Customers shopping via www.tomjoule.de may additionally contact us on 0800 723 5215. We will send an acknowledgement as soon as we receive any complaint and aim to resolve any issues within 72 hours.
- LAW AND JURISDICTION
These terms and any claim or dispute arising in relation to a Contract will be governed by English law. You and we agree that the courts of England and Wales shall have non-exclusive jurisdiction to settle any such claim or dispute.
- PROMOTIONS AND COMPETITIONS
Click here for specific Terms and Conditions releating to all current Joules offers, promotions and competitions.