Terms and conditions of sale
1.1 These terms and conditions shall govern the sale and purchase of products through this website.
1.2 You will be asked to give your express agreement to these terms and conditions before you place an order on this website.
1.3 This document does not affect any statutory rights you may have as a consumer (such as rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or the Consumer Rights Act 2015).
2.1 In these terms and conditions:
(a) "we" means Jin Designs LTD and
(b) "you" means our customer or prospective customer, and "us", "our" and "your" should be construed accordingly.
3. Order process
3.1 The advertising of products on this website constitutes an "invitation to treat" rather than a contractual offer.
3.2 No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section 3.
3.3 To enter into a contract through this website to purchase products from us, the following steps must be taken: you must add the products you wish to purchase to your shopping cart, and then proceed to the checkout; if you are a new customer, you must create an account with us and log in; if you are an existing customer, you must enter your login details; once you are logged in, you must select your preferred method of delivery and confirm your order and your consent to the terms of this document; we will then send you an initial acknowledgement; and once we have checked whether we are able to meet your order, we will either send you an order confirmation at which point your order will become a binding contract or we will confirm by email that we are unable to meet your order.
3.4 You will have the opportunity to identify and correct input errors prior to making your order by reviewing the order prior to payment checkout process and.
4.1 The following types of products are or may be available on this website from time to time: Gifts and homewares.
4.2 We may periodically change the products available on this website, and we do not undertake to continue to supply any particular product or type of product.
5.1 Our prices are quoted on this website.
5.2 We will from time to time change the prices quoted on this website, but this will not affect contracts that have previously come into force.
5.3 All amounts stated in these terms and conditions or on this website are stated exclusive of VAT.
5.4 It is possible that prices on the website may be incorrectly quoted; accordingly, we will verify prices as part of our sale procedures so that the correct price will be notified to you before the contract comes into force.
5.5 In addition to the price of the products, you may have to pay a delivery charge, which will be notified to you before the contract of sale comes into force.
6.1 This website does not offer payment facilities, but payment conditions will be on the invoice emailed out to you.
7. Credit accounts
7.1 If we agree to open a business account for you, you will be able to pay in arrears, in accordance with the provisions of this Section 7.
7.2 If you hold an account, then upon or following the dispatch of products, we will send to you an invoice for payment of the price of those products, and you will pay such invoice within 14 days following the date of our invoice or otherwise as specified on the invoice.
7.3 Business accounts will be subject to such credit limits as we may notify to you from time to time.
7.4 If you do not pay to us any amount properly due under or in connection with these terms and conditions in full and on time, we may:
(a) charge you interest on the overdue amount at the rate of 8% per year above the Bank of England base rate (which interest will accrue daily until the date of payment and be compounded at the end of each calendar month); or
(b) claim interest and statutory compensation from you pursuant to the Late Payment of Commercial Debts (Interest) Act 1998, without prejudice to our other legal rights or rights under these terms and conditions.
8.1 Our policies and procedures relating to the delivery of products are set out in detail in our delivery policy document.
8.2 We will arrange for the products you purchase to be delivered to the delivery address you specify during the checkout process.
8.3 We will use reasonable endeavours to deliver your products on or before the date for delivery set out in the order confirmation or, if no date is set out in the order confirmation, within 7 days following the date of the order confirmation; however, we do not guarantee delivery by this date.
8.4 We do guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 14 days following the later of receipt of payment and the date of the order confirmation.
8.5 We deliver products to addresses on the UK mainland and abroad on a case by case basis.
9. Distance contracts: cancellation right
9.1 Distance selling contract does not apply to wholesale , trade business purchases. This is a B to B website only
10. Risk and ownership
10.1 The products you purchase from us will be at your risk from the time that they come into your physical possession or the physical possession of a person identified by you to take possession of the products.
10.2 Ownership of a product that you purchase from us will pass to you upon the later of:
(a) delivery of the product; and
(b) receipt by us in cleared funds of all amounts due in respect of the product including delivery charges where applicable.
10.3 Until ownership of a product has passed to you, you will possess the product as our fiduciary agent and bailee.
10.4 If you are business customer, then until ownership of a product has passed to you:
(a) you must store the product separately from other goods; and
(b) you must ensure that the product is clearly identifiable as belonging to us.
11. Warranties and representations
11.1 You warrant and represent to us that:
(a) you are legally capable of entering into binding contracts;
(b) you have full authority, power and capacity to agree to these terms and conditions;
(c) all the information that you provide to us in connection with your order is true, accurate, complete and non-misleading; and
(d) you will be able to take delivery of the products in accordance with these terms and conditions.
11.2 We warrant to you that:
(a) we have the right to sell the products that you buy;
(b) the products we sell to you are sold free from any charge or encumbrance, except as specified in these terms and conditions;
(c) you shall enjoy quiet possession of the products you buy, except as specified in these terms and conditions;
(d) the products you buy will correspond to any description published on this website; and
(e) the products you buy will be of satisfactory quality.
11.3 All of our warranties and representations relating to the supply of products are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to Section 12.1, all other warranties and representations are expressly excluded.
12. Limitations and exclusions of liability
12.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law, and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.
12.2 The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:
(a) are subject to Section 12.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
12.3 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
12.4 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
12.5 We will not be liable to you in respect of any loss or corruption of any data, database or software, providing that if you contract with us under these terms and conditions as a consumer, this Section 12.5 shall not apply.
12.6 We will not be liable to you in respect of any special, indirect or consequential loss or damage, providing that if you contract with us under these terms and conditions as a consumer, this Section 12.6 shall not apply.
12.7 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
12.8 Our aggregate liability to you in respect of any contract to purchase products from us under these terms and conditions shall not exceed the greater of:
(a) the total amount paid and payable to us under the contract
13. Order cancellation
13.1 We may cancel a contract under these terms and conditions immediately, by giving you written notice of termination, if:
(a) you fail to pay, on time and in full, any amount due to us under that contract; or
(b) you commit any material breach of that contract.
13.2 You may cancel a contract under these terms and conditions immediately, by giving us written notice of termination, if we commit any material breach of that contract.
13.3 If you are a business customer, we may cancel a contract under these terms and conditions by written notice to you if:
(a) you cease to trade;
(b) you become insolvent or unable to pay your debts within the meaning of the insolvency legislation applicable to you;
(c) a person (including the holder of a charge or other security interest) is appointed to manage or take control of the whole or part of your business or assets, or notice of an intention to appoint such a person is given or documents relating to such an appointment are filed with any court;
(d) the ability of your creditors to take any action to enforce their debts is suspended, restricted or prevented, or some or all of your creditors accept, by agreement or pursuant to a court order, an amount of less than the sums owing to them in satisfaction of those sums; or
(e) any process is instituted which could lead to you being dissolved and your assets being distributed to your creditors, shareholders or other contributors.
13.4 We may cancel a contract under these terms and conditions by written notice to you if we are prevented from fulfilling that contract by any event beyond our reasonable control, including without limitation any unavailability of raw materials, components or products, or any power failure, industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, riot, terrorist attack or war.
14. Consequences of order cancellation
14.1 If a contract under these terms and conditions is cancelled in accordance with Section 13:
(a) we will cease to have any obligation to deliver products which are undelivered at the date of cancellation;
(b) you will continue to have an obligation where applicable to pay for products which have been delivered at the date of cancellation (without prejudice to any right we may have to recover the products); and
(c) all the other provisions of these terms and conditions will cease to have effect, except that Sections 1.3, 6.4, 7.2, 7.4, 10, 12, 17, 18, 19, 20, 21 and 22 will survive termination and continue in effect indefinitely.
15.1 These terms and conditions shall not constitute or effect any assignment or licence of any intellectual property rights.
15.2 These terms and conditions shall not govern the licensing of works (including software and literary works) comprised or stored in products.
15.3 These terms and conditions shall not govern the provision of any services by us or any third party in relation to the products (other than delivery services).
16.1 We may revise these terms and conditions from time to time by publishing a new version on this website.
16.2 A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision.
17.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions
17.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
18. No waivers
18.1 No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.
18.2 No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of that contract.
19.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
19.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
20. Third party rights
20.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
20.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
21. Entire agreement
21.1 Subject to Section 12.1, these terms and conditions, together with our delivery policy and our returns policy, shall constitute the entire agreement between you and us in relation to the sale and purchase of our products and shall supersede all previous agreements between you and us in relation to the sale and purchase of our products.
22. Law and jurisdiction
22.1 These terms and conditions shall be governed by and construed in accordance with English law.
22.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.
23. Statutory and regulatory disclosures
23.1 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on this website. We recommend that you consider saving a copy of these terms and conditions for future reference.
23.2 These terms and conditions are available in the English language only.
23.3 Our VAT number is 212 776 415
24. Our details
24.1 This website is hosted and owned by OrderSpace and operated by Jin Designs LTD
24.2 Jin Designs is registered in England and Wales under registration number 08490392 , and our registered office is at Suite 216, Regency House, 91 Western Road, Brighton BN1 2NW
24.4 You can contact us:
(a) by post, using the postal address given above
(b) by telephone, on the contact number published on this website from time to time; or
(c) by email, using the email address published on this website from time to time.
1.1 In this policy we set out details of the delivery methods, periods and charges that apply to orders for our products made through this website or by telephone or email.
1.2 This policy shall not create legally enforceable rights and obligations; rather, our usual practice in relation to the delivery of products is indicated in this policy.
2. Free delivery
2.1 We offer free standard delivery to all mainland UK addresses on all orders over a certain amount as specified from time to time on the website.
2.2 All other orders will be subject to delivery charges as calculated in the checkout section.
3. Geographical limitations
3.1 We will usually be able to deliver to the following countries and territories: England, Scotland, Wales and Northern Ireland.
3.2 We may from time to time agree to delivery products to other countries and territories.
4. Delivery methods and periods
4.1 The methods that we use to deliver our products, and the time periods within which delivery is usually completed, are as follows:
(a) if your delivery address is on the United Kingdom mainland, the typical period for delivery of products by this method is 3 to 7 working days.
4.2 If you place your order by 1pm GMT/BST on a working day, these time periods run from the close of business on that day; if you place your order after 1pm GMT/BST on a working day, or on a non-working day, these time periods run from the close of business on the next following working day.
4.3 The delivery periods set out in this Section 4 are indicative only, and whilst we will make every effort to ensure that you receive your delivery in good time, we do not guarantee delivery before the end of the stated period.
4.4 We may conduct fraud screening checks before dispatching the product, and these checks may delay your delivery. If the delivery is likely to be delayed as a result of fraud screening checks, we will notify you.
5. Delivery charges
5.1 Delivery charges will be calculated by this website and automatically applied to your order during the checkout process, or alternatively quoted by us.
5.2 Applicable delivery charges will depend upon the delivery method you select, the location of the delivery address, and the size and weight of the products in your order.
6. Delivery tracking
6.1 Not Applicable
7. Receipt and signature
7.1 All deliveries must be received in person at the delivery address, and a signature must be provided.
8. Additional deliveries
8.1 If an initial delivery attempt is unsuccessful, please contact customer services.
9.1 If your products remain undelivered the delivery service provider may leave a card at your address, with instructions on how you may collect your products, including a time limit for collection.
10. Delivery problems
10.1 If you experience any problems with a delivery, please contact us using the contact details that we publish on this website or otherwise notify to you.
10.2 If our delivery service provider is unable to deliver your products, and such failure is your fault we may agree to arrange for re-delivery of the products; however, we reserve the right to charge you for the actual costs of re-delivery even where the initial delivery was free of charge.
10.3 An indicative list of the situations where a failure to deliver will be your fault is set out below:
(a) you provided the wrong address for delivery;
(b) there is a mistake in the address for delivery that was provided;
(c) the address for delivery is not reasonably accessible;
(d) the address for delivery cannot safely be accessed;
(e) if in-person receipt is not required, there is no easy and secure means of leaving the products at the address for delivery and there is no person available to accept delivery; or
(f) if in-person receipt is required, there is no person available at the address for delivery to accept delivery and provide a signature.
1.1 We understand that from time to time you may wish to return an incorrectly delivered or damaged a product to us.
1.2 We have created this policy to enable you to arrange collections /returns of products to us in appropriate circumstances.
1.3 This policy shall apply to all of our customers, irrespective of their geographical location.
1.4 This policy shall apply to all orders submitted through this website.
1.5 This document does not affect any statutory rights you may have as a consumer such as rights under the Consumer Contracts Information, Cancellation and Additional Charges Regulations 2013 or the Consumer Rights Act 2015).
2.1 If you have no other legal right to return a product and receive a refund or exchange, then you will nonetheless be entitled to return a product to us and receive a refund in accordance with this policy if:
(a) the returned product is unused, in its original unopened packaging with any seal or shrink-wrap intact, with any labels still attached, and otherwise in a condition enabling us to sell the product as new;
(b) you comply with the procedure set out in this policy in relation to the return of the product;
(c) none of the exclusions set out in this policy apply.
3. Returns procedure
3.1 In order to take advantage of your rights under this policy, you must contact us to inform us of your incorrectly received or defective goods Within 72 hours of your delivery
3.2 Please attach images /photos for each product you are claiming for.
3.3 Please email the completed form and photos to email@example.com
3.4 Incorrectly completed returns forms may not be processed and will slow down the process.
4.1 We will not accept returns for the following reasons under this policy:
(a) Customer services have not been notified of a return
(b) Item has been sent back on the basis of “ sale or return” we do not supply goods on the basis of “sale or return”
5.1 We will give you a refund or credit note for the price you paid to us in respect of any product properly returned by you in accordance with this policy.
5.2 We will not refund to you the original delivery charges or proportion thereof relating to the returned product.
5.3 We will refund to you your reasonable postage costs incurred returning the product to us by advance arrangement and consent only
5.4 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
5.5 We will process the refund due to you as soon as possible and, in any event, within 7 days following the day we receive your returned product.
6. Improper returns
6.1 If you return a product in contravention of this policy, and you do not have any other legal right to a refund or exchange in respect of that product:
(a) we will not refund the purchase price or exchange the product;
(b) we may retain the returned product until you pay to us such additional amount as we may charge for re-delivery of the returned product; and
(c) if we do not receive payment of such additional amount within 14 days of issuing a request for payment, we may destroy or otherwise dispose of the returned product in our sole discretion without any liability to you.