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Terms and Conditions for Use and Sales
Joanna's Wardrobe (www.joannaswardrobe.com, www.joannaswardrobe.co.uk)
Terms and Conditions for Use and Sales
Last updated 10th January 2010
1. Our website
Your use of this website and any service contained within constitutes acceptance of these Terms & Conditions.
2. Customer Information
2.1 You should always check that the contact information you provide is correct before creating a customer account or proceeding to payment.
2.2 You are responsible for maintaining your own username and password, where required to access your customer account. You should ensure that you store your username and password securely and that the details required to access your customer account are not provided to another party.
2.3 As a customer you are responsible for your customer account and actions taken within it. If you are aware or suspect that your customer account username and password or other details have become known to a third party, you should inform us immediately.
2.4 Our website is only intended for use by adults. Adults may purchase products for children as long as the products purchased are intended by the manufacturer for use or consumption by children.
3. Privacy
3.1 Joannas Wardrobe takes your privacy seriously. We are registered under and comply with the Data Protection Act 1998. For further details please see our Privacy Policy.
3.2 Joannas Wardrobe orders are shipped in plain wrapping with a discreet return address label attached marked as follows: JW(LTD) Suite A, First Floor, Basilica House, 334 Southend Road, Wickford, SS11 8QS.
4. Product Pricing and Title
4.1 We make every effort to ensure that the pricing displayed on our website is correct. However, if an error in the pricing of a product is found we reserve the right to either cancel your order or contact you to arrange payment of any extra sum due or refund any over-payment made by you (as applicable). The processing of an order can be cancelled or corrected by us at anytime up to the shipment of that order and any related items.
4.2 We reserve the right to alter all product pricing without notice.
4.3 Title in any products ordered from us does not pass to you, the purchaser until we have received and processed a valid payment, and that payment has been made into our own bank account and your order has been shipped.
5. Your Order
5.1 When you place an order you will automatically receive a confirmation email to confirm your order. Your order constitutes an offer made to us to purchase the goods specified in the order.
5.2 Your offer is only accepted by us once we have emailed you to confirm the dispatch of your order.
5.3 Product items not included within the dispatch email are not included in the order and contract between you and us.
5.4 We reserve the right to delay or refuse orders where a transaction contains incomplete details or details that cannot be verified or where fraud is suspected.
5.5 If we are unable to reasonably ascertain these details or resolve these issues a full refund will be made against the card used at the time of purchase. No other form of refund or credit will be offered nor will a refund be made to any third party card or account.
6. Shipping and Customs Duty
6.1 All orders received by us are shipped subject to availability.
6.2 We reserve the right to ship products at a later date (up to 28 days after purchase) where the product ordered is not in stock at the time of purchase. In this situation you will be contacted and offered a full refund instead of delivery of the product.
6.3 We cannot be held responsible for disruption to shipping caused by industrial disputes or action outside our direct control. If such disruption occurs you will be offered delivery via an alternative delivery or fulfilment company or a full refund.
6.4 If you are ordering a product from outside the UK the recipient of the product is responsible for all customs duties or tariffs incurred in the country to which the products are shipped. Furthermore your order may be subject to delay or be opened and searched by local customs authorities when entering the destination country. Please note we are unable to provide specific advice on customs duties or tariffs.
6.5 Shipping prices may vary from time to time. Prices in effect at the time of purchase are displayed on the Cart page.
7. Cancellation Rights, Returns and Refunds
7.1 Under the Consumer Protection (Distance Selling) Regulations 2000 you have a right to cancel your purchase. However, to exercise this right you must notify us in writing, (email, letter or using our Contact Form) within 10 working days from the day after you receive your goods. For 'Signed for' deliveries the date of receipt is deemed to be the first date that delivery was attempted.
7.2 As stated above, notification of cancellation must be in writing, a telephone call is not a valid cancellation.
7.3 No right of cancellation, refund or return exists under the Consumer Protection (Distance Selling) Regulations 2000 once you have used a product, unless it is defective and you are returning it for this reason.
7.4 Goods that are sealed or shrink-wrapped and this is removed can only be returned if they are defective.
7.5 No right of cancellation exists for downloaded goods or 'softcopy' goods to which you, the customer has instant access to or use of, unless defective.
7.6 No right of cancellation exists for personalised goods or goods that are intimate in their nature or goods where there may be hygiene issues, unless defective.
7.7 Please observe the following procedure for all returns to us:
7.7.1 Please notify us by e-mail or by using the Contact Form informing us of the items you wish to return, also include in your return package, on the back of your delivery note or on another piece of paper, (if you no longer have your delivery note), your order number and the reason for the return.
7.7.2 If you are returning your product because it is defective, please state the defect or defects.
7.7.3 Repackage the product in its original packaging, including any accessories, brochures, manuals, guarantees or warranties that came with the product. Unfortunately we will be unable to issue a refund where the product is in an incomplete state.
7.7.4 Items of lingerie that are returned should not have been worn, washed, marked in any way, affected by odours such as cigarette smoke, perfume or deodorant nor should any tags be removed. If you wish to try items on, please ensure your own underwear is worn underneath and that tags are not removed. Care should be taken when trying on corsets and these should be tried on over a t-shirt or vest.
7.8 If the original packaging surrounding the product has been damaged or destroyed we will only issue a refund if the product is being returned due to a defect. If the original packaging of a defective product has been damaged or destroyed you should ensure that the returned product is adequately packed for shipment back to us.
7.9 You are responsible for paying any postage or shipping costs incurred when returning the product.
7.10 We recommend that all returns be sent by registered post, so that a record of the return is available for you.
7.11 We will not issue refunds for any items lost or stolen in transit to us.
7.12 Where a return is lost or stolen in transit to us, you should claim compensation from the company that shipped the return.
7.13 If you fail to return a product to us, we may make arrangements to have the product collected from you. The cost of this collection will be passed on to you.
7.14 Items such as hosiery (stockings, tights etc.) are non-refundable, unless they are in their original un-opened packaging or if they are faulty. Gift Wrapping is non-refundable. If you wish to exchange an item that was gift wrapped, please return just the items in question.
7.15 Unused products may be returned by customers to the address below. However we must receive notification from you of your intention to return via email or our Contact Us page.
Joannas Wardrobe, Suite A, First Floor, Basilica House, 334 Southend Road, Wickford, SS11 8QS.
7.15 Subject to the above, we will refund the purchase price of a returned product within thirty days of receiving written notification of your intention to return the product.
7.16 We will also refund the cost of standard or recorded postage incurred returning a product, if incorrectly sent by us or where the product has been returned due to a defect. Please note that we will not refund any courier, overnight or express element of any delivery or postage charge, including Royal Mail Special Delivery.
8. Discount and Promotions
8.1 Discount and Promotion Codes are offered from time to time at our discretion.
8.2 Discount and Promotion Codes cannot be used to pay for Gift Vouchers or for Postage and Packing.
8.3 When a Discount or Promotion Code is used for an order containing multiple items, the discount is applied to each individual item in proportion to its value. The discounted value of each item is used to calculate refunds in the event of a partial return.
9. Gift Vouchers
9.1 Gift Vouchers are valid for six months from the date of dispatch.
9.2 Gift Vouchers are not redeemable for cash. Purchases made with Vouchers can be exchanged for other items but cash refunds will not be given.
9.3 Gift Vouchers are not transferable or assignable. They may only be used by the individual named on the shipping details on the Order with which the Voucher was originally purchased.
9.4 Joanna's Wardrobe Gift Vouchers are only issued by Joanna's Wardrobe and can only be used to purchase goods from Joanna's Wardrobe.
9.5 Gift Vouchers entitle the holder to purchase goods from Joanna's Wardrobe up to the value of the Voucher. Once the balance on a Voucher is spent, further attempts to use the Voucher will be rejected.
9.6 When a Gift Voucher is used for an order containing multiple items, the Voucher is applied to each individual item in proportion to its value. The value of each item is used to calculate refunds in the event of a partial return.
10. Customer Complaints
We endeavour to respond to all customer complaints or queries within five working days.
11. Faulty Products
Where a Customer experiences a fault with a product it can be returned to Joanna's Wardrobe, subject to our returns policy above.
12. Events outside our control
Joanna's Wardrobe shall not be liable for delay or failure to perform any obligation under these Terms & Conditions if the delay or failure is caused by any circumstances beyond our reasonable control, including, but not limited to, acts of god, war, civil disorder or industrial dispute.
13. Licence
13.1 Joannas's Wardrobe grants you a licence to access the content, information and services contained within our website for personal use only.
13.2 This licence allows you to download and cache (using your browser) individual pages from our website.
13.3 This licence does not allow you to download and modify individual pages or substantial parts of our website nor to make our website available via an intranet, where our website or a substantial part of it is hosted locally on the intranet in question.
13.4 Our website design, layout, content or text cannot be copied, edited or otherwise manipulated without our express prior written permission.
13.5 Our website cannot be placed within the frame-set of another site.
14. Copyright
14.1 All content, databases, graphics, buttons, icons, logos, layouts and look & feel are the copyright of Joanna's Wardrobe or our suppliers, unless expressly acknowledged as otherwise.
14.2 The data mining, extraction or utilisation of product information from our website is not permitted without our express prior written permission.
15. Customer Content
15.1 As a user you retain all ownership rights to Content provided by you.
15.2 By submitting, posting or displaying your Content on the Website, Forum, Blog or Guestbook you agree to grant a non-exclusive royalty-free licence to us to use, modify, publicly perform, publicly display, reproduce and distribute such Content. This allows us to place your Content and let all users, whether registered or not to view your Content. It also allows us to compress or alter the size of any files you may post to ensure that they can be readily displayed for other users.
15.3 This licence is also royalty-free, which means that the Content is provided free of charge to us and we will not pay for the Content or account for any advertising revenue generated on the Website, Forum, Blog or Guestbook or on any specific Content pages.
15.4 This licence also applies worldwide because the Website, Forum, Blog and Guestbook can be accessed from anywhere in the world, at any time.
15.5 Also as part of the licence you warrant that any Content provided by you does not belong to a third party whose rights have been violated by the Content being posted on to the Website, Forum, Blog or Guestbook. Furthermore if any Content is owned by a third party you agree to pay all royalties owed to that party, without seeking any contribution from us.
16. Copyrighted Material
16.1 We do not condone or encourage in any way the posting of copyrighted or proprietary Content or information by any users who are not the legal owners of such Content.
16.2 Where notified of such breaches by the owner of such Content we will remove the Content from the Forum, Blog or Guestbook as soon as practicable. But only where we can reasonably ascertain the true owner of such Content.
16.3 If as the owner of such Content you believe that your rights have been infringed you should contact us as soon as possible and provide all relevant information in writing.
17. Content Monitoring
17.1 Users can freely add Content to the Website, Forum, Blog or Guestbook . We do not monitor or assume any responsibility for Content posted. If at any time we decide to monitor the Website, Forum, Blog or Guestbook on any occasion it does not mean that we assume responsibility for removing any Content or the conduct of any users.
18. Reasonably Foreseeable Losses
18.1 Joanna's Wardrobe will be liable for any losses incurred by you due to breaches of these Terms & Conditions by us, where such losses were reasonably foreseeable at the time the contract between you and us was made.
18.2 All business, indirect or consequential losses not reasonably foreseeable at the time of the contract between you and us are excluded.
18.3 Joanna's Wardrobe does not exclude or limit liability for death or personal injury caused by the negligence or breach of duty by us, our employees or officers.
19. Severability
The foregoing paragraphs, sub-paragraphs and clauses of these Terms & Conditions shall be read and construed independently of each other. Should any part of this agreement or its paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and clauses.
20. Waiver
Failure by Joanna's Wardrobe to enforce any accrued rights under these Terms & Conditions is not to be taken as or deemed to be a waiver of those rights unless we acknowledge the waiver in writing.
21. Entire Terms & Conditions
These Terms & Conditions set out the entire agreement and understanding between you and Joanna's Wardrobe. We reserve the right to change these Terms & Conditions at any time, without giving notice to you.
22. Jurisdiction
These Terms & Conditions shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts.
Your statutory rights are unaffected.
Joanna's Wardrobe Ltd is registered in the UK no: 04563062
Email:info@joannaswardrobe.com
Telephone (within the UK only): 0844 335 1006
Terms and Conditions are (c) www.compactlaw.co.uk / all rights reserved / version 3.0
