Sale and purchase terms
- THESE TERMS
1.1 These are the terms and conditions on which you purchase our products and we sell our products to you ("Terms").
1.2 Please read these Terms carefully before you submit your order to us. These Terms apply to any contract between us for the sale of our products. They tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these Terms, please contact us to discuss.
1.3 By ordering any of our products and/or creating an account you agree to be bound by these Terms. The Terms also include any additional terms and conditions and policies referenced within and/or available by hyperlink and/or otherwise notified to you.
1.4 If you refuse to accept these Terms, you will not be able to order any products from our website or otherwise. It is your responsibility to keep a copy of these Terms for your own reference.
1.5 You acknowledge that you have all the necessary rights, power and authority to enter into the Terms and perform the obligations in them.
1.6 You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace at any time any part of the Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Any new order or account created will be subject to the current Terms as posted on this page.
1.7 Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. We use Rechargepayments.com for our subscription service and Stripe as our payment processor on our subscription service.
1.8 The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
1.9 These Terms are only available in English. No other languages will apply to our contract.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Jim’s Bricks Ltd a company registered in England and Wales. Our company registration number is 12279290 and our registered office is at Vicarage Court, 160 Ermin Street, Swindon, SN3 4NE. Jim’s Bricks is a provider of shampoo and shower bars for men (and related products). We offer one off purchases and an ongoing subscription service for repeated supply of these products through our website www.jimsbricks.co.uk.
2.2 How to contact us. You can contact us by email at email@example.com. This email address is monitored during standard working hours and we will get back to you as soon as we can during those hours.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. CHANGES TO TERMS
3.1 We may revise any of these Terms at any time to reflect changes in or to:
(a) our products and services;
(b) relevant laws or regulatory requirements;
(c) our website’s functionality or features; or
(d) security, technical or operational issues.
3.2 If we change any Terms, we may notify you on the website. If we have your e-mail address, we may also decide to e-mail you with information on those changes.
4. OUR PRODUCTS
4.1 Details of our products (including ingredients and directions for use) are on our website.
4.2 The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. Although we have made every effort to be as accurate as possible, because our products are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our website are approximate. Our products are made using traditional methods so colour and shape variation may occur.
4.3 The packaging of the product may vary from that shown in images on our website.
4.4 We reserve the right to change the range and description of products offered and to limit the quantity of products that may be purchased at any time, without prior notice, save in relation to existing subscribers to our subscription service (see clause 9 below).
4.5 All products shown on our website are subject to availability. We will inform you by email as soon as possible if the product you have ordered is not available and we will not process your order (see clauses 6 and 9 below).
4.6 You agree to take appropriate and reasonable care in using our products, to follow the Directions for Use on the website and the following guidelines:
4.7 Our products are labelled with the ingredients/allergens that they contain.
5.1 The price of the products is as follows:
(a) For one-off purchases, the price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. This price does not include any applicable delivery charges. We take all reasonable care to ensure that the price of the product at the time of publication and advised to you on the website is correct. However, please see Clause 5.6 for what happens if we discover an error in the price of the product you order.
(b) For our subscription service, the price of the product (which includes VAT) will be the price indicated on the order pages when you placed your first order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see Clause 5.6 for what happens if we discover an error in the price of the product you order.
5.2 From time to time, our prices may increase. Any change in price will not affect any order which we have confirmed acceptance of with an Order Confirmation (see clause 6.2(b) below). If you are using our subscription service, we will notify you in writing of our intention to make a price increase. We will do this at least 14 days in advance of that price change taking effect. Following this notification you can choose to accept the change (you will be deemed to do this if you do nothing), alter your subscription or terminate our contract by cancelling your subscription in accordance with clause 11.4 below.
5.3 Save for existing subscribers to our subscription service, we reserve the right to make changes to our products offered for sale at any time without notice. We also reserve the right at any time to modify or discontinue the supply of any of our products without notice. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of any products. For existing subscribers to our subscription service, we will notify you in writing of our intention to make a planned change to our products offered for sale. We will do this at least 14 days in advance of any planned change coming into effect. If the change affects your subscription, you can accept the change (you will be deemed to do this if you do nothing), alter your subscription or terminate our contract by cancelling your subscription in accordance with clause 11.4 below.
5.4 The price of the product is in pounds sterling (£)(GBP) and includes VAT at the applicable rate. It does not include the cost of delivering the products to you – please see clause 10 below and our shipping policy.
5.5 If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
5.6 It is always possible that, despite our best efforts, some of the products on our website may display an incorrect price. We will normally check prices before accepting your order. If the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order and we will not process your order until we have received those instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and inform you in writing. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
5.7 From time to time, special offers, discounts and sales promotions will be offered. These may include free trials. Apart from where it has been expressly stated, previous users or trialists do not qualify. Each individual and/or account holder can only use one free trial. We reserve the right to alter the terms or duration of any special offers, discount or sales promotion at our discretion. If you misuse a discount code or coupon, we reserve the right to cancel the discount and charge the full price to you. If you are an existing subscriber to our subscription service, any special offer, discount or sales promotion which:
(a) applies to the products you have pre-ordered through this service; and
(b) results in a greater percentage saving in price than the percentage saving in price already obtained through the subscription service
will be either automatically applied (where possible) or offered to you.
6. ORDERING PRODUCTS
6.1 If you decide to purchase one or more products from us, you can only do so through the order process on our website. Please take the time to read and check your order carefully.
6.2 For one off purchases:
(a) After you place an order, you will receive an email from Jim’s Bricks acknowledging that you have placed an order and that we are processing it (“Order Acknowledgement”). This email does not confirm that we are able to accept your order and a contract is not created at this point;
(b) Our acceptance of your order will take place when we send you an email confirming that we accept and are able to fulfil your order and that it is on the way (“Order Confirmation”), at which point a contract for the purchase of our products will come into existence between you and us. It is these Terms which apply to that contract;
(c) If we are unable to accept your order, we will inform you of this by email. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified. We are also unable to accept any orders for delivery outside the United Kingdom. If, as is standard, you have already paid for the product(s), we will refund you the full amount as soon as possible.
6.3 We do not accept any orders from businesses through our website. If, in our sole judgement, an order appears to be placed by a business, dealers, resellers or distributors, we will not accept the online order and we may contact you using the contact details provided.
6.4 We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order. Please contact us directly by email if you are a business.
6.5 We only sell products within the United Kingdom. Our website is solely for the promotion of our products in the United Kingdom. Unfortunately, we do not deliver to addresses outside the United Kingdom.
6.6 We are under a legal duty to supply products that are in conformity with our contract.
6.7 The order process for products sold through our subscription service is outlined in clause 9 below.
7.1 Payment must be made with one of our accepted payment methods which will be made known to you during the order process. When you must pay depends on whether you are making a one-off purchase or subscribe to our subscription service:
(a) For one off purchases or products, you must pay for the products before we dispatch them. Please be aware that during the payment process your bank may place a pending hold on the funds. This is out of the control of Jim’s Bricks. This payment will be released when payment for your order is requested by Jim’s Bricks.
(b) For our subscription service, you will be charged on a regular basis as determined and agreed by you when you sign up to our subscription service. You must pay through the subscription service on the agreed interval dates for products before we dispatch them. Usually this will be pre-authorised by you and payment will be taken via the authorised method on an ongoing basis as agreed. If there is a problem with any pre-authorised payment, the products will not be dispatched as scheduled and we will contact you for your further instructions. If we do not receive a reply from you within 7 days we will treat your subscription as terminated by you.
7.2 All payments by credit card or debit card need to be authorised by the relevant card issuer. If your payment details change at any point, you acknowledge that your card provider may provide us with these new details to process any future payments. You agree to update your account with any change to payment details if you have an ongoing subscription with us in advance of the date your next payment is due.
7.3 As set out above, payment is required to be made before products are dispatched. In the unusual event that products are dispatched but the payment process does not complete the following applies:
(a) you must make payment to us for any such products within seven days; or
(b) you must return them to us as soon as possible (including paying the shipping cost of return; please note this must be through one the same delivery options that we offer and we are unable to accept any deliveries in person). If so, you must keep the products in your possession, take reasonable care of them and not use them before you return them to us.
7.4 If you think an invoice is wrong please contact us promptly to let us know.
8. YOUR RIGHTS TO MAKE CHANGES
8.1 If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract if you are entitled to do so (see Clause 11).
9. OUR SUBSCRIPTION SERVICE
9.1 We offer a subscription service through our website for most, but not all, of our products. The nature of this service is that we agree to send products which have been pre-selected by you at regular time intervals as determined by you and in return for pre-authorised regular payments made by you following which we will send you the pre-selected product(s).
9.2 You may terminate your subscription at any time following the first repeat order delivery under your subscription. Please see clause 11.4 for further details.
9.4 By registering for our subscription service and confirming your selection of products and pre-authorised payment method, an ongoing contract is created between us and it is these Terms that you accept apply to the contract between us.
9.5 The process for the ongoing purchase of products through our subscription service is as follows:
(a) When you set up your subscription, you will be asked to specify how often you would like to receive selected products. This will also be the frequency at which you will charged;
(b) We will contact you at least 3 days in advance of your chosen payment date to notify you that payment for your next subscription delivery will be taken using the method that you registered with (“Order Notification”);
(c) Once we have taken payment, we will send you an email confirming that your next product shipment (“Order Confirmation”);
(d) We will then send you an email confirming that your order has been shipped (“Order Shipment”).
9.6 We may have to suspend or delay the supply of a product to:
(a) deal with technical or supply problems or make minor technical or supply changes;
(b) update the product to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the product as requested by you or notified by us to you (see Clause 6).
9.7 We will contact you in advance to tell you we will be suspending or delaying supply of the product. We will do this at least 14 days in advance unless the problem is urgent. You may contact us to end the contract for a product if we suspend or delay it it, or tell you we are going to suspend it and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
9.8 We may also suspend or delay supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see Clause 14) and you still do not make payment within seven days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products.
9.9 You are responsible for:
(a) maintaining the confidentiality and privacy of your password and account details. We will not be held liable for any loss or damage that may result from your failure to do so; and
(b) all purchases and amendments to your account. If you are aware or have reason to suspect that your account has been accessed by a third party, you must immediately notify us.
9.10 For the avoidance of doubt, all of the Terms apply in full to our subscription service save where otherwise stated. Should there be any doubt, conflict or ambiguity between the terms set out in this clause and the other clauses in these Terms, the terms set out in this clause will apply. For your ease of reference, other clauses in these Terms which specifically reference our subscription service include:
(a) clause 5.1(b): price of product
(b) clause 5.2: price increases
(c) clause 5.3: planned changes to products offered for sale
(d) clause 5.7: application of special offers, discounts and sales promotions
(e) clause 7.1(b): payment
(f) clause10.2(b): delivery
(g) clause 11.3(b): right to change your mind under the Consumer Contracts Regulations 2013
10.1 The costs of delivery will be as displayed to you on our website. You can choose at the point of ordering which delivery service you would like and the cost of that will be added to your order.
10.2 We will provide the products as follows:
(a) For one off purchases, your order will be fulfilled in accordance with the estimated timescale of the delivery option that you select and pay for when ordering your product(s), unless there is an event outside of our control. You can calculate estimated delivery from the date we send the Order Confirmation confirming your order has been shipped. We will always aim to deliver the products to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order, subject to an event outside our control.
(b) For our subscription service, we will supply the products to you at the selected intervals that you selected when you joined the subscription service. Products will be shipped using the delivery option that you selected when you signed up for your subscription and the estimated timescales for delivery of that option will apply, unless there is an event outside our control. You can calculate estimated delivery from the date we send the Order Shipment email. We will always aim to deliver the products to you as soon as reasonably possible and in any event within 30 days of the date specified by you in the subscription service, subject to an event outside our control. We will continue to supply the products to you in this way until the subscription expires or you end the contract as described in Clause 11 or we end the contract by written notice to you as described in Clause 14.
10.3 If our supply of the products is delayed by an event outside our control (as referred to in clause 19 below) then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
10.4 We are unable to allow collection of products in person from our address.
10.5 If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
10.6 If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 14 will apply.
10.7 A product will be your responsibility from the time we deliver the product to the address you gave us or you or a carrier organised by you collect it from a local depot due to re-arranged delivery. This is when delivery is completed.
10.8 You own a product once we have received payment in full.
10.9 You agree to report all lost or undelivered products to us within 7 days of the expected date of delivery. If you do not do so, you will be deemed to have received the delivery of products.
10.10 It is your responsibility to ensure that you have provided us with the correct delivery address to send the products to and correct contact details in case of any issues. If you fail to do so, Jim’s Brick’s is not responsible for any failed or late deliveries or products ordered through us. If items are returned to us as a result of your failure to provide this information correctly, we may be unable to refund you for the cost of the item (if we are unable to contact you and your payment details have changed such that we are unable to refund the card that you originally paid with) or you may need to pay a second delivery charge in order to receive the products that you ordered. If you do not wish a second delivery to be attempted, we will refund you the cost of the product but not the failed delivery charge if these circumstances apply.
11. YOUR RIGHTS TO END THE CONTRACT
11.1 Whilst you can always end your contract with us, your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see clause 13;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 11.2;
(c) If you have just changed your mind about the product, see clause 11.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
(d) In all other cases (if we are not at fault and there is no right to change your mind), see Clause 11.5
11.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which you are due which have not been provided. The reasons are:
(a) we have told you about an upcoming change to a product or these terms which you do not agree to;
(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the products may be significantly suspended or delayed because of events outside our control;
(d) we have suspended supply of the products for technical or supply reasons, or notify you we are going to suspend them for technical or supply reasons; or
(e) you have a legal right to end the contract because of something we have done wrong.
11.3 Exercising your right to change your mind under the Consumer Contracts Regulations 2013. For most products bought online you have a legal right to change your mind and receive a refund. How long you have depends on what you have ordered and how it is delivered:
(a) For one off purchases of goods, you have 14 days after the day you (or someone that you nominate) received the goods.
(b) If you have signed up to our subscription service, meaning that goods are to be regularly delivered on an ongoing basis, you have 14 days after the day you (or someone you nominate) receives the first delivery of the goods.
We explain how you can exercise this right in clause 12 below.
11.4 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind, you can still end the contract before it is completed. A contract for goods is completed when the product is delivered and paid for. Our subscription services contract is ongoing until you tell us that you wish to terminate it provided that this is after the first repeat delivery of the products on your subscription unless any of the circumstances referred to in clauses clauses 5.1(b), 5.2 or 5.3 above apply in which case you can terminate immediately upon receipt of the notification referred to in those clauses. This does not affect any of your statutory rights. If you want to end the subscription contract after this first repeat delivery, you can just log into your account and cancel your subscription (or alternatively contact us by email and we can do this for you). If there are any products pending for which payment has been taken at the time you cancel your subscription, these products will be delivered to you and payment retained.
11.5 The obligations and liabilities of the parties incurred prior to any termination date shall survive the termination of this agreement for all purposes.
12. HOW TO END THE CONTRACT WITH US
12.1 To end the contract with us, please let us know by doing one of the following:
(a) Email. Please send an email to office.jimsbricks.co.uk. Please provide your name, home address, details of the order and, where available, your phone number and email address.
(b) Online. If you are a subscriber, you can log into your account and cancel your subscription.
12.2 You can use this model cancellation form if you wish but you are not obliged to do so:
To: Jim’s Bricks
I/We* hereby give notice that I/we* cancel my/our* contract of sale of the following goods [please list]/my subscription to your subscription service.
Received on (if applicable):
*delete as appropriate
12.3 If you end the contract pursuant to clause 11.2, 11.3 or 13 you must return any products relating to the cancellation to us. You must post them back to us at 57 Foundry Road, Malmesbury, Wiltshire, SN16 0AW. Please email us at firstname.lastname@example.org for a return label. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
12.4 We will pay the costs of return:
(a) if the products are faulty or misdescribed (see clause 13); or
(b) if you have already received a product but are ending the contract because of an error in pricing or description that we subsequently notify you of; or
(c) because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
12.4 We will refund you the price you paid for the products including delivery costs. The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you chose to have the product delivered within a shorter time period at a higher cost, then we will only refund what you would have paid for the cheaper delivery option. Please note that we may make deductions from the price, as described below.
12.5 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind, we will reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. See our Returns page for more detail. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
12.6 We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then for one off purchases and first time purchases under a new subscription, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us.
13. IF THERE IS A PROBLEM WITH THE PRODUCT
13.1 If you find that any products you have purchased do not comply with their description and, for example, have faults or are damaged when you receive them, or if you receive incorrect products, please contact us at email@example.com as soon as reasonably possible to inform us of the fault, damage or error, and to arrange for a refund, repair or replacement. Your available remedies will be as follows:
(a) beginning on the day that you receive the products (and ownership of them) you have a thirty (30) calendar day right to reject the products and to receive a full refund if they are faulty, damaged or incorrect as stated above;
(b) if you do not wish to reject the faulty, damaged or incorrect products , or if the thirty (30) calendar day rejection period has expired, you may request a repair of the products or a replacement. We will bear any associated costs and will carry out the repair or replacement within a reasonable time and without significant inconvenience to you. In certain circumstances, where a repair or replacement is impossible or otherwise disproportionate, we may instead offer you the alternative (i.e. a replacement instead of a repair or vice versa) or a full refund. If you request a repair or replacement during the thirty (30) calendar day rejection period, that period will be suspended while we carry out the repair or replacement and will resume on the day that you receive the replacement or repaired products;
(c) if, after a repair or replacement, the products still do not conform (or if we cannot do so as previously described), you may have the right either to keep the products at a reduced price, or to reject them in exchange for a refund; and
(d) if you exercise the final right to reject the products more than six (6) months after you have received the products (and ownership of them), we may reduce any refund to reflect the use that you may have had out of the products.
13.2 Please note that you will not be eligible to claim under this clause 13 in the following circumstances:
(a) if we informed you of the fault(s), damage or other problems with the products before you purchased them (and it is because of the same issue that you now wish to return them);
(b) if you have purchased the products for an unsuitable purpose that is neither obvious nor made known to us and the problem has resulted from your use of the products for that purpose; or
(c) if the problem is the result of normal wear and tear, misuse or intentional or careless damage. Please also note that you may not cancel or return products to us under this clause 13 merely because you have changed your mind.
13.3 As a consumer, you will always have legal rights regarding cancellation in relation to products that are faulty or not as described. These legal rights are not affected by anything in these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards Office.
13.4 If you wish to exercise your legal rights to reject products you must post them back to us. We will pay the costs of postage or collection. Please email us at firstname.lastname@example.org for a return label. However, if it transpires that the returned products are not faulty, damaged or incorrect, we reserve the right to claim these costs from you.
14. OUR RIGHTS TO END THE CONTRACT
14.1 We may end the contract for a product immediately at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within seven days of us reminding you that payment is due;
(b) you have not provided us with information that is necessary for us to provide the products such as correct/updated address, contact and payment information;
(c) you do not, within a reasonable time, allow us to deliver the products to you; or
(d) you otherwise materially breach these Terms.
14.2 If we end the contract in the situations set out in Clause 14.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of you breaching our contract.
14.3 We may write to you to let you know that we are going to stop providing any product. We will let you know at least 14 days in advance of our stopping the supply of the product (unless in an emergency) and will refund any sums you have paid in advance for products which will not be provided, unless you agree to accept any alternative product offered (which may be at a different price).
14.4 In all cases where we end our contract with you, you will remain liable for all amounts due up to and including the date of termination.
15. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
15.1 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaching this contract or our failing to use reasonable care and skill but we are not responsible for any loss or damage that is not foreseeable or which were not caused by any breach on our part. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
15.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are as described and match information we provided to you and any sample or model seen or examined by you, of satisfactory quality, and fit for any particular purpose made known to us; supplied with reasonable skill and care; and for defective products under the Consumer Protection Act 1987.
15.3 We only supply the products for domestic and private use. You agree not to use our products for any commercial, business or re-sale purpose. We are not liable to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. We are not liable for losses to non-consumers.
16. NO WAIVER AND ENTIRE AGREEMENT
16.1 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations or prevent us from taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
16.2 If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
16.3 These Terms and any policies or operating rules posted by us on this website or notified to you constitutes the entire agreement and understanding between you and us and govern your use of the website and your purchase of our products, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms).
17. GOVERNING LAW
17.1 These Terms are governed by and construed in accordance with the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction, save that if you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
18. HOW WE MAY USE YOUR PERSONAL INFORMATION
19. EVENTS OUTSIDE OUR CONTROL
19.1 We will not be liable or responsible for any failure to perform, or delay in the performance of, any of our obligations under these Terms or any contract that is caused by an event outside our control. An event outside our control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, or other natural disaster, or failure of public or private telecommunications networks, or impossibility of the use of shipping, aircraft, motor transport or other means of public or private transport.
19.2 If an event outside our control takes place that affects the performance of our obligations under a contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a contract will be suspended and the time for performance of our obligations will be extended for the duration of the event outside our control. Where the event outside our control affects our delivery of products to you, we will arrange a new delivery date with you after the event outside our control is over.
20.1 In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms.
20.2 Any such determination shall not affect the validity and enforceability of any other remaining provisions. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
21.1 You agree to indemnify, defend and hold harmless Jim's Bricks and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
22. OTHER TERMS
22.1 We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these Terms. If you are unhappy with the transfer you may contact us to end the contract within 14 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.
22.2 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
22.3 These Terms apply between you and us. No other person shall have any rights to enforce any of these Terms. Neither of us will need to get the agreement of any other person in order to terminate our dealings or make any changes to these Terms.
These Terms are current as at 27 March 2021