Terms & Conditions of Supply of Goods

Please note that these terms and conditions are applicable to consumers only.

If you are a consumer, please read the following important terms and conditions before you buy anything on our website, and check that they contain everything you want and nothing that you are not willing to agree to.

Summary of some of your key rights as a consumer:

This contract sets out:

·       your legal rights and responsibilities;

·       our legal rights and responsibilities; and

·       certain key information required by law.

In this contract:

‘we’, ‘us’ or ‘our’ means Jottnar Ltd; and

‘you’ or ‘your’ means the person using our site to buy goods from us; and

‘our site’ means www.jottnar.com.

If you have any questions about this contract or any orders you have placed, please contact us by sending an email to support@jottnar.com.

If you have any general enquiries, please email us at info@jottnar.com.

Do you need extra help?

If you would like this contract in another format (for example: audio, large print, braille) please contact us using the contact details above.

Who are we?

1               Introduction

1.1           If you buy goods on our site you agree to be legally bound by this contract.

1.2           These terms and conditions apply only if you are buying goods on our site as a consumer (i.e. for purposes outside of your business, craft or profession). If you wish to buy goods in the course of business, our business terms and conditions apply to such purchases, which is available upon request.

1.3           This contract is only available in English. No other languages will apply to this contract.

1.4           When buying any goods on our site, you also agree to be legally bound by:

1.4.1       our website terms of service, acceptable use policy, privacy policy, cookie policy and any documents referred to in them;

1.4.2       extra terms which may add to, or replace some of, this contract. This may happen for security, legal or regulatory reasons. We will contact you to let you know if we intend to do this by giving you one month’s notice. You can end this contract at any time by giving one month’s notice if we tell you extra terms apply; and

1.4.3       specific terms which apply to certain goods. If you want to see these specific terms, please visit the relevant webpage for the goods at any time during the online checkout process.

All of the above documents form part of this contract as though set out in full here.

2               Information we give you

2.1           We are required to give you certain key information before a legally binding contract between you and us is made. If you want to see this key information, please contact us using the contact details above, or read it in our Acknowledgement Email (as defined in clause 4.3).

2.2           Such key information we give you by law forms part of this contract (as though it is set out in full here).

2.3           If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.

3               Your privacy and personal information

3.1           Our Privacy Policy is available at https://www.jottnar.com/pages/privacy-policy.

3.2           Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.

4               Ordering goods from us

4.1           This clause 4 sets out how a legally binding contract between you and us is made.

4.2           You place an order on the site by going through the online checkout process. Please read and check your order carefully before submitting it. You will be able to correct any errors before submitting your order to us.

4.3           When you place your order at the end of the online checkout process, we will acknowledge it by email (Acknowledgement Email). This Acknowledgement Email does not, however, mean that your order has been accepted by us.

4.4           We may contact you to say that we do not accept your order. This is typically for the following reasons:

4.4.1       the goods are unavailable;

4.4.2       we cannot authorise your payment;

4.4.3       you are not allowed to buy the goods from us (for example, because you are under age to order the selected goods);

4.4.4       we are not allowed to sell the goods to you;

4.4.5       you have ordered too many goods; or

4.4.6       there has been a mistake on the pricing or description of the goods.

4.5           We will only accept your order when we email you to confirm this (Confirmation Email). At this point:

4.5.1       a legally binding contract will be in place between you and us; and

4.5.2       we will dispatch the goods to you.

4.6           If you are under the age of 18 you may not buy any goods from the site.

5               Right to cancel

5.1           You have the right to cancel this contract during the Cancellation Period without giving any reason.

5.2           The Cancellation Period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.

5.3           To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement including your order ID (e.g. a letter sent by post or email to us).

5.4           To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

6               Effects of cancellation

6.1           Subject to clause 6.5, if you cancel this contract, we will refund to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).

6.2           Subject to clause 6.5, we will make the refund without undue delay, and not later than:

6.2.1       14 days after the day we received back from you any goods supplied; or

6.2.2       (if earlier) 14 days after the day you provide evidence that you have returned the goods; or

6.2.3       if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.

6.3           We will make any refund using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the refund.

6.4           We may withhold refund until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

6.5           If you have received the goods at the time you cancel this contract:

6.5.1       you shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired;

6.5.2       you will have to bear the direct cost of returning the goods; and

6.5.3       you are liable for any diminished value of the goods resulting from any Unnecessary Handling by you. If we reasonably believe that you have Unnecessarily Handled the goods, we may return the goods to you at your cost without providing a refund, or we may make a deduction from the refund for loss in value of any goods supplied, if the loss is the result of Unnecessary Handling by you. Unnecessary Handling means if you handled the goods in a way beyond what is necessary to establish the nature, characteristics and functioning of the goods and beyond what you would reasonably be permitted to do in a shop. For example, if you have cut off the swing ticket, hangtag or any labels attached to the goods, or if you have actually worn or used the goods instead of only trying them on. Terms such as ‘Unnecessarily Handled’ shall be construed accordingly.

7               Delivery

7.1           During the online checkout process, you will be given available delivery options to choose from. Please see our Delivery Policy set out in Schedule 1 for further details on the delivery options and costs.

7.2           The estimated date for delivery of the goods is set out in the Confirmation Email (see clause 4.5). If something happens which is outside of our control and affects the estimated date of delivery, we will provide you with a revised estimated date for delivery.

7.3           Delivery will take place at the address specified by you when you placed your order with us. If nobody is available to take delivery, please contact the relevant delivery service provider.

7.4           Unless you and we agree otherwise, if we cannot deliver your goods within 30 days of the date of your Confirmation Email, we will let you know, cancel your order, and give you a refund.

7.5           You are responsible for the goods once they have been delivered to the address specified by you when you placed your order with us. In other words, the risk in the goods passes to you when you take, or a third party nominated by you takes, possession of the goods.

7.6           We may deliver your goods in instalments. We will inform you in your Confirmation Email if we deliver your goods in instalments.

8               Payment

8.1           We accept payment via the payment methods as listed on our online checkout page.

8.2           We will do all that we reasonably can to ensure that all of the information you give us when paying for the goods is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, any failure by us to comply with this contract or our Privacy Policy (see clause 3) or breach by us of our duties under applicable laws, we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.

8.3           You will only be charged when the goods are dispatched.

8.4           If your payment is not received by us and you have already received the goods, you must:

8.4.1       pay for such goods as soon as possible and in any case within 5 days; or

8.4.2       return them to us as soon as possible and in any case within 5 days. If so, you must keep the goods in your possession, take reasonable care of them (including ensuring that you follow any instructions or manuals given with the goods) and not use them before you return them to us.

8.5           If you do not pay for the goods and fail to return them in accordance with clause 8.4, we may collect the goods from you at your expense. We will try to contact you to let you know if we intend to do this.

8.6           Nothing in this clause affects your legal rights to cancel the contract during the Cancellation Period as set out in clauses 5 and 6.

8.7           All prices are inclusive of VAT at the applicable rate, but exclude delivery charges. For information on delivery options and costs, please see Schedule 1 of this contract (Delivery Policy).

9               Nature of the goods

9.1           You have certain legal rights in relation to the nature of goods (also known as ‘statutory rights’). The goods that we provide to you must be as described, fit for purpose and of satisfactory quality.

9.2           We are under a legal duty to supply you with goods that are in conformity with this contract.

9.3           The packaging of the goods may be different from that shown on the site.

9.4           While we try to make sure that:

9.4.1       all weights, sizes and measurements set out on the site are as accurate as possible, there may be a small tolerance in such weights, sizes and measurements; and

9.4.2       the colours of our goods are displayed accurately on the site, the actual colours that you see on your device may vary depending on the device that you use.

9.5           Any goods sold at discount prices, as remnants or as substandard, will be identified and sold as such. Please check that they are of a satisfactory quality for their intended use.

9.6           If we can’t supply certain goods, we may need to substitute them with alternative goods of equal or better standard and value. In this case:

9.6.1       we will let you know if we intend to do this but this may not always be possible; and

9.6.2       you can refuse to accept such substitutes, in which case we will offer you a refund or a replacement and let you know how long such an offer remains open for.

10             Faulty goods

10.1         You shall check the goods to the best of your ability for any fault at the earliest opportunity, and inform us promptly if you become aware that any goods are faulty.

10.2         A summary of your legal rights in relation to faulty goods (also known as ‘statutory rights’) are set out at the top of this page. Nothing in this contract affects your legal rights if the goods are faulty. You may also have other rights in law.

11             End of the contract

If this contract is ended, it will not affect our right to receive any money which you owe to us under this contract.

12             Limitation on our liability

12.1         Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:

12.1.1    losses that were not foreseeable to you and us when the contract was formed;

12.1.2    losses that were not caused by any breach on our part;

12.1.3    business losses; or

12.1.4    losses to non-consumers.

13             Third party rights

No one other than a party to this contract has any right to enforce any term of this contract. However, if a person acquires the goods lawfully from you, you may transfer our guarantee to that person. This also applies where we have provided services in respect of an item you have transferred.

14             Disputes

14.1         We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with the goods you ordered, our service to you or any other matter, please contact us as soon as possible using the contact details set out at the top of this page.

14.2         The laws of England and Wales apply to this contract, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country.

14.3         Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales. This means that you can choose whether to bring a claim in the courts of England and Wales or in the courts of another part of the UK in which you live.

Schedule 1 Delivery Policy (UK)

Standard Tracked Delivery (2-5 working days): FREE

UK Express Next Working Day (order before 12pm*): £9.00

UK Express Saturday Delivery (order before Friday 12pm): £12.00

Any orders placed on weekends with an express delivery, will be process and shipped Monday with the estimated delivery of Tuesday.

For some UK postcodes, including the Scottish Highlands, the Channel Islands and Northern Ireland, our Express Delivery Service is unavailable. Postcode exclusions for Express Delivery are:

AB31 4 - AB31 6, AB33 8, AB34 4 - AB34 5, AB35 5, AB36 8, AB37 9, AB38 7, AB38 9, AB44 1, AB45 1 - AB45 3, AB53 4 - AB53 6, AB53 8, AB54 4, AB54 6 - AB54 8, AB55 4 - AB55 6, AB56 1, AB56 4 - AB56 5, DG3 4 - DG3 5, DG4 6, DG6 4, DG7 1 - DG7 3, DG8 0, DG8 6 - DG8 9, DG9 0, DG9 7 - DG9 9, FK18 8, FK19 8, FK20 8, FK21 8, G63 0, G63 9, HS1 2, HS2 0, HS2 9, HS3 3, HS4 3, HS5 3, HS6 5, HS7 5, HS8 5, HS9 5, IV13 7, IV21 2, IV22 2, IV23 2, IV24 3, IV25 3, IV26 2, IV27 4, IV28 3, IV40 8, IV41 8, IV42 8, IV43 8, IV44 8, IV45 8, IV46 8, IV47 8, IV48 8, IV49 9, IV51 9, IV52 8, IV53 8, IV54 8, IV55 8, IV56 8, IV63 6 - IV63 7, KA27 8, KA28 0, KW1 4 - KW1 5, KW10 6, KW11 6, KW12 6, KW13 6, KW14 7 - KW14 8, KW15 1, KW15 9, KW16 3, KW17 2, KW2 6, KW3 6, KW5 6, KW6 6, KW7 6, KW8 6, KW9 6, PA20 0, PA20 9, PA21 2, PA22 3, PA23 7 - PA23 8, PA24 8, PA25 8, PA26 8, PA27 8, PA28 6, PA29 6, PA30 8, PA31 8 - PA31 9, PA32 8, PA33 1, PA34 4 - PA34 5, PA35 1, PA36 4, PA37 1, PA38 4, PA41 7, PA42 7, PA43 7, PA44 7, PA45 7, PA46 7, PA47 7, PA48 7, PA49 7, PA60 7, PA61 7, PA62 6, PA63 6, PA64 6, PA65 6, PA66 6, PA67 6, PA68 6, PA69 6, PA70 6, PA71 6, PA72 6, PA73 6, PA74 6, PA75 6, PA76 6, PA77 6, PA78 6, PH17 2, PH18 5, PH19 1, PH20 1, PH21 1, PH22 1, PH23 3, PH24 3, PH25 3, PH26 3, PH30 4, PH31 4, PH32 4, PH33 6 - PH33 7, PH34 4, PH35 4,PH36 4, PH37 4, PH38 4, PH39 4, PH40 4, PH41 2, PH41 4, PH42 4, PH43 4, PH44 4, PH49 4, PH50 4, ZE1 0, ZE1 9, ZE2 9, ZE3 9.

BFPO:

We ship free of charge to overseas British service personnel with a valid British Forces Post Office (BFPO) address.

For personnel based outside the VAT territory of the EC, we are able to refund 20% VAT from the cost of sale upon receipt of a written order from your Commanding Officer (CO) confirming that you are based outside the EC. In some cases, BFPO addresses within the EC are eligible for zero-rating under Article 151 Principal VAT Directive 2006/112/EC. In these instances, a written order from your CO confirming eligibility will allow us to refund 20% VAT from the cost of sale. Please contact us if you wish to make a BFPO order and we will guide you through the steps to take.

Schedule 2 Exchange Policy

We may agree to make a like-for-like exchange of goods provided that:

·       you have notified us within 14 days of receiving the goods that you wish to change the size or colour of the goods; and

·       you send back the goods to us, alongside a completed product returns form, and bear the direct cost of returning the goods to us for an exchange;

·       you ensure the goods are received by us within 30 days of your receipt of the goods; and

·       you have not Unnecessarily Handled the goods;

together as the ‘Exchange Conditions’.

If you do not meet any of the Exchange Conditions above, we may not provide an exchange or any refund, and we may send the goods back to you in the same condition as we received it, and ask you to bear the cost of returning the goods to you. 

If you meet all Exchange Conditions, we will arrange an exchange within 5 working days from the date of us receiving the goods back from you, and dispatch the exchanged goods to you at your expense.

This contract shall be applicable to any exchanged goods.

Please note that this Schedule 2 does not affect your statutory rights.