Terms and Conditions
Fandangles is a product range of JMC Hi-Tech Limited, registered at Highsted Barn, Highsted Valley, Sittingbourne, ME9 0AG.
You should read these terms and conditions ("these Terms") carefully as they affect your rights and liabilities under the law and set out the terms under which JMC ("JMC", "we" and "us") makes the goods available to you.
1. Use of this Website.
This Website is provided to you free of charge for your personal use subject to these Terms. By using this Website, you agree to be bound by these Terms. All orders and purchases made on this Website will also be governed by these Terms and will be between you and JMC. Your contract will not under any circumstances be with any other party, including any retailer whose Website may have directed you to this Website. These terms do not affect your statutory rights.
The prices payable for the items that you order are clearly set out in the Website. If, by mistake, we have under-priced an item, we will not be liable to supply that item to you at the stated price, provided that we notify you before we dispatch the item concerned. All prices are in pounds sterling and are expressed inclusive of any VAT payable unless otherwise stated. The price of the items does not include the delivery charge (if any) which will be charged at the rates applicable at the date you place your order and which will be displayed on the Website.
If for any reason beyond our reasonable control, we are unable to supply a particular item, we will notify you as soon as possible.
There will be no contract of any kind between you and us unless and until we actually dispatch the goods to you. At any point up until then, we may decline to supply the goods to you without giving any reason. At the moment that we accept your order, by dispatching the goods (and not before), a contract will be made between you and us. If we decline to supply goods and payment has already been taken from your credit or debit card, we shall credit your credit or debit card with the price of the goods within 30 days of declining your order. We shall not be obliged to offer you any additional compensation for disappointment suffered.
If there is a problem with your order in terms of availability of the goods or our ability to deliver, we shall contact you as soon as reasonably practicable.
5. Delivery, Shortages and Acceptance
Delivery will be made to the address specified by you on the completed order form. Once goods have been delivered to you they will be held at your risk and we will not be liable for their loss or destruction.
All deliveries are by third party carriers. If you are not able to take delivery of the products, depending on the carrier used, your goods will either be stored at the depot nearest to your address until you can collect them or the carrier will attempt to redeliver the goods to your address.
We shall use our best endeavours to secure delivery within our advertised timescales but shall not be liable for loss occasioned by delay in delivery arising out of any cause beyond our control.
If you order items with different availability dates, we will hold all the items until the last item is delivered. You may however choose to have each item delivered separately and we reserve the right to charge you a delivery charge each time.
Inspection Time - Please inspect the products within 3 days of the product arriving. Any discrepancies or damages need to be reported to us in this time.
We can only be held responsible for shortages/damages if we are notified by telephone or online via our Contact Us section within 3 days of delivery date.
If our couriers cannot make a delivery you will be contacted by either us or the couriers to arrange a re-delivery or pick up.
If you do not respond and the items are returned to us, you may be subject to a charge.
If the item needs re-delivering there will also be a re-delivery charge.
For all re-deliveries you would be contacted by our Customer Services Department to be advised of the specific charge applicable.
Photographs may be asked for as form of identifying any issues with the order.
You have the right to cancel your order up to 14 days following delivery by calling our Customer Services Department. Alternatively, you can cancel your order by contacting us online via our Contact Us section.
If the goods have already been dispatched at the date of receipt of your cancellation of the order you must return the goods to us in accordance with paragraph 7 below and we will credit your account with the price of the goods within 30 days of receiving the items back.
If you do not return the goods within 30 days of your cancellation, we will make a charge in respect of the cost of recovering the goods. If you do not return the goods or fail to make them available for collection within 30 days of your notice of cancellation, you will be deemed to have accepted the goods, at which point a new purchase contract will be made and you will be charged for your order at the price set out on the Website. This does not affect your statutory rights.
If for any reason you would like to return an item within 14 days of receiving the delivery you should contact Customer Services and inform them that you wish to return the item(s).
In the event of damaged goods, we shall arrange for a carrier to collect the items from you and return them to us.
In all other circumstances you shall be responsible for all returns postage/courier charges.
JMC cannot be held responsible for non-delivery of returned goods, so it is advised that the customer obtains proof of tracking confirmation from the Post Office or the courier.
If an item has been returned for any reason other than a product fault or a mistake on the part of JMC, you will be refunded the cost of the goods, provided that the goods are returned by you and received by us in the condition they were in when delivered to you and are still in their original packaging.
If a collection of an item is required, we will charge you the cost of collection which will be notified at the time of cancellation.
You can pay by all major credit and debit cards as well as PayPal. Payment is processed through Worldpay payment gateway.
Your payment details will be encrypted to minimise the possibility of unauthorised access or disclosure. Authority for payment must be given at the time of order.
Our liability to you in connection with any order will not exceed the total price charged for the goods.
9. Intellectual Property
The content of this Website is protected by copyright, trademarks and other intellectual property rights.
You may retrieve and display the content of this Website on a computer screen, mobile device and store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices.
You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on this Website without written permission from JMC.
No licence is granted to you in these Terms to use any trade mark of JMC.
10. Our liability
This Website is provided by JMC without any warranties or guarantees. You must bear the risks associated with the use of the Internet.
In particular, we disclaim all liabilities in connection with the following:
Incompatibility of this Website with any of your equipment, software or telecommunications links.
Technical problems including errors or interruptions of this Website.
Unsuitability, unreliability or inaccuracy of this Website.
Inadequacy of this Website to meet your requirements.
If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us via the indicated methods within 3 days of the delivery of the goods in question.
If you do not receive goods ordered by you within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us via the indicated methods of the problem within 40 days of the date on which you ordered the goods.
If you notify a problem to us under this condition, our only obligation will be, at your option:
To make good any shortage or non-delivery;
To replace or repair any goods that are damaged or defective; or
To refund to you the amount paid by you for the goods in question in whatever way we choose.
Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question.
Nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
To the full extent allowed by applicable law, you agree that we will not be liable to you/or any third party for any consequential or incidental damages (including but not limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to this Website.
Nothing in these Terms shall exclude our liability for personal injury or death caused by our negligence or shall affect or exclude your statutory rights where it would be unlawful to do so.
These Terms shall be governed by and construed in accordance with the laws of England and Wales and any disputes will be decided only by the English courts.
If any of these Terms is held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Terms which will continue to be valid and enforceable to the fullest extent permitted by law.
You may not assign, sub-licence or otherwise transfer any of your rights under these Terms.
If you breach these Terms and JMC ignores this, JMC will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms.
JMC shall not be responsible for any breach of these Terms caused by circumstances beyond its reasonable control.
A person who is not a party to these Terms shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of these Terms but this shall not affect any right or remedy of a third party which exists or is available apart from that Act.
Fandangles is a product range of JMC Hi-Tech Ltd, a company registered in England and Wales.
Company number: 09968939 VAT number: GB127866384