Terms and Conditions of Supply

WHERE TO FIND INFORMATION ABOUT US AND OUR PRODUCTS

You can find everything you need to know about us, Jam Mothers, and our products on our website, www.jammothers.co.uk before you order. We also confirm the key information to you in writing after you order, either by email or on paper.

WE DON’T GIVE BUSINESS CUSTOMERS ALL THE SAME RIGHTS AS CONSUMERS

For example, business customers can’t cancel their orders, they have different rights where there is a problem with a product and we don’t compensate them in the same way for losses caused by us or our products. Where a term applies just to businesses or just to consumers, this is clearly stated. You are a business customer if you are buying products wholly or mainly for use in connection with your trade, business, craft or profession, even if you are an individual.

WHEN YOU BUY FROM US YOU ARE AGREEING THAT:

IF YOU ARE A BUSINESS CUSTOMER THIS IS OUR ENTIRE AGREEMENT WITH YOU

If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by us or on our behalf which is not set out in these terms and that you have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

WE ONLY ACCEPT ORDERS WHEN WE’VE CHECKED THEM

We will contact you to confirm we’ve received your order and have accepted it (Order Confirmation).

SOMETIMES WE REJECT ORDERS

Sometimes we reject orders, for example, because a product is unexpectedly out of stock, because you are located outside the UK or because the product was mispriced by us. When this happens, we let you know as soon as possible and refund any sums you have paid.

HOW TO PAY

You can pay for products using any major debit or credit card through Jam Mothers’ online payment processing system. We charge you when your order has been accepted.

IF YOU ARE A BUSINESS CUSTOMER YOU HAVE NO SET-OFF RIGHTS

If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

WE CHARGE INTEREST ON LATE PAYMENTS

If we’re unable to collect any payment you owe us we charge interest on the overdue amount at the rate of 4% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You pay us the interest together with any overdue amount.

VAT

The price of an Item includes VAT (where relevant) at the then applicable current rate. If the rate of VAT changes between your order date and the date we supply the product, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.

DELIVERY

Jam Mothers offers delivery only to the United Kingdom. The price of a product does not include delivery charges. These are shown as a separate charge when you submit your order. Products will be despatched using Royal Mail tracked 48 hour delivery.

WE’RE NOT RESPONSIBLE FOR DELAYS OUTSIDE OUR CONTROL

If our supply of your product is delayed by an event outside our control including without limitation, acts of God, 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 railways, shipping, aircraft, motor transport or other means of public or private transport, we contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won’t compensate you for the delay, but if the delay is likely to be substantial, you can contact us on to end the contract and receive a refund for any products you have paid for in advance, but not received, less any reasonable costs we have already incurred.

PRODUCTS CAN VARY SLIGHTLY FROM THEIR PICTURES

A product’s true colour may not exactly match that shown on your device or its packaging may be slightly different. Because our products are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our website may have a small disparity.

IF YOU ARE A CONSUMER AND YOU BOUGHT ONLINE OR OVER THE TELEPHONE, YOU HAVE A LEGAL RIGHT TO CHANGE YOUR MIND

These provisions do not affect your legal rights if there is something wrong with your product (for more on those rights see YOU HAVE RIGHTS IF THERE IS SOMETHING WRONG WITH YOUR PRODUCT). Your legal right to change your mind. For most of our products bought online or over the telephone, you have a legal right to change your mind about your purchase and receive a refund of what you paid for it, including the delivery costs. This is subject to some conditions, as set out below. When you can’t change your mind. All of our products are sealed for health protection and hygiene purposes. You can’t change your mind about an order for products once these have been unsealed after you receive them. The deadline for changing your mind. If you change your mind about a product you must let us know no later than 14 days after the day we deliver your product. If the goods are for regular delivery (for example, a subscription), you can only change your mind after the first delivery. If the goods are split into several deliveries over different days, the period runs from the day after the last delivery. How to let us know. To let us know you want to change your mind, contact us by email on orders@jammothers.co.uk or by telephone on 07876 107979. You may use the model cancellation form, but it is not obligatory You have to return the product at your own cost. You have to return the product to us within 14 days of your telling us you have changed your mind. Returns are at your own cost. You can send the product back to us, using an established delivery service. If you do this you should keep a receipt or other evidence from the delivery service that proves you have sent it and when you sent it. If you don’t do this and we don’t receive the goods at all or within a reasonable time we won’t refund you the price. For help with returns, please contact us by email on orders@jammothers.co.uk or by telephone on 07876 107979. We only refund standard delivery costs. We don’t refund any extra you have paid for express delivery or delivery at a particular time. We reduce your refund if you have used or damaged a product. If you handle the product in a way which would not be acceptable in-store, we reduce your refund, to compensate us for its reduced value. For example, we reduce your refund if the product’s condition is not “as new”. In some cases, because of the way you have treated the product, no refund may be due. As noted above you cannot change your mind where you have unsealed a product. When and how we refund you. Where goods have not been delivered to you, we refund you as soon as possible and within 14 days of you telling us you’ve changed your mind. Where you are returning goods, we refund you within 14 days of receiving them back from you (or receiving evidence you’ve sent them to us). We refund you by the method you used for payment. We don’t charge a fee for the refund.

YOU CAN END AN ON-GOING CONTRACT (FIND OUT HOW)

We tell you when and how you can end an on-going contract with us (for example, for repeat goods orders) during the order process and we confirm this information to you in writing after we’ve accepted your order. If you have any questions, please contact us by email on orders@jammothers.co.uk or by telephone on 07876 107979.

YOU HAVE RIGHTS IF THERE IS SOMETHING WRONG WITH YOUR PRODUCT

Return the product to us. If you think there is something wrong with your product, you must contact us by email on orders@jammothers.co.uk or by telephone on 07876 107979: Your rights and remedies if you are a consumer. We honour our legal duty to provide you with products that are as described to you on our website and that meet all the requirements imposed by law. Your legal rights are summarised below. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.citizensadvice.org.uk. Remember too that You have several options for resolving disputes with us.
Summary of your key legal rights In relation to products which are goods, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following: ·       Up to 30 days: if your goods are faulty, then you can get a refund. ·       Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases. ·       Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
Your rights if you are a business. We warrant that on delivery any products which are goods shall:
  • conform in all material respects with their description;
  • be free from material defects in design, material and workmanship;
  • be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
  • be fit for any purpose held out by us.
Your remedies if you are a business. Unless an exception applies (see Exceptions to business customers’ warranty) if:
  • you give us notice in writing within a reasonable time of discovery that a product does not comply with the business customer warranty (see Your rights if you are a business);
  • we are given a reasonable opportunity of examining such product; and
  • you return such product to us at our cost,
we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full and this will be your only remedy for breach of the warranty. These terms shall apply to any repaired or replacement products supplied by us. Exceptions to business customers’ warranty. We will not be liable for a product’s failure to comply with the business customer warranty (see Your rights if you are a business) if:
  • you make any further use of such product after telling us it is non-compliant;
  • the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;
  • you alter or repair the product without our written consent; or
  • the defect arises because of your wilful damage or negligence.

WE CAN CHANGE PRODUCTS AND THESE TERMS

Changes we can always make. We can always change a product:
  • to reflect changes in relevant laws and regulatory requirements; and
  • to make improvements.
Changes we can only make if we give you notice and an option to terminate. We may also need to make changes to these terms from time to time, but if we do so we’ll notify you and you can then contact us by email on orders@jammothers.co.uk or by telephone on 07876 107979 to end the contract before the change takes effect and receive a refund for any products you’ve paid for in advance, but won’t receive.

WE CAN SUSPEND SUPPLY (AND YOU HAVE RIGHTS IF WE DO)

We can suspend the supply of a product. We do this to:
  • deal with technical problems or make minor technical changes;
  • update the product to reflect changes in relevant laws and regulatory requirements; or
  • make changes to the product (see We can change products and these terms).
We let you know, may adjust the price and may allow you to terminate. We contact you in advance to tell you we’re suspending supply, unless the problem is urgent or an emergency. If we suspend the product we adjust the price so you don’t pay for it while its suspended. If we suspend supply, or tell you we’re going to suspend supply, for more than one month you can contact us by email on orders@jammothers.co.uk or by telephone on 07876 107979 to end the contract and we’ll refund any sums you’ve paid in advance for products you won’t receive.

WE CAN WITHDRAW PRODUCTS

We can stop providing a product and we will refund any sums you’ve paid in advance for products which won’t be provided.

WE CAN END OUR CONTRACT WITH YOU

We can end our contract with you for a product and claim any compensation due to us if:
  • you don’t make any payment to us when it’s due and you still don’t make payment within 14 days of our reminding you that payment is due;
  • you don’t, within a reasonable time, either allow us to deliver the product to you or collect it from us. If you have said you will collect a product (“click and collect”) but you don’t do this within 7 days then we treat your order as cancelled and refund the purchase price, see If you are a consumer and you bought online or over the telephone you have a legal right to change your mind.

WE DON’T COMPENSATE YOU FOR ALL LOSSES CAUSED BY US OR OUR PRODUCTS

Our liability to consumers. We’re responsible for losses you suffer caused by us breaking this contract unless the loss is:
  • Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
  • Caused by a delaying event outside our control. As long as we have taken the steps set out in the section We’re not responsible for delays outside our control.
  • Something you could have avoided by taking reasonable action.
  • A business loss. Our liability for any loss you suffer in connection with your trade, business, craft or profession is limited, as described in Our liability to businesses.
Our liability to businesses. If you’re a business, then, except in respect of the losses described in Losses we never limit or exclude:
  • we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
  • our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for products under such contract.
Losses we never limit or exclude. Nothing in these terms shall limit or exclude our liability for:
  • death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
  • fraud or fraudulent misrepresentation;
  • breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
  • defective products under the Consumer Protection Act 1987; or
  • any matter in respect of which it would be unlawful for us to exclude or restrict liability.
No implied terms about goods. Except to the extent expressly stated in Your rights if you are a business, we exclude all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982.

WE USE YOUR PERSONAL DATA AS SET OUT IN OUR PRIVACY POLICY

How we use any personal data you give us is set out in our Privacy Policy.

YOU HAVE OPTIONS FOR RESOLVING DISPUTES WITH US

Contacting us. We will do our best to resolve any problems you have with us or our products. Please contact us by email on orders@jammothers.co.uk or by telephone on 07876 107979 in the first instance. You can go to court. These terms are governed by English law. If you are a consumer then, wherever you live, you can bring claims against us in the English courts and if you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. If you are a consumer we can claim against you in the courts of the country you live in. If you are a business you irrevocably agree to submit all disputes arising out of or in connection with our contract with you to the exclusive jurisdiction of the English courts.

OTHER IMPORTANT TERMS APPLY TO OUR CONTRACT

We can transfer our contract with you, so that a different organisation is responsible for supplying your product. We’ll contact you to let you know if we plan to do this. If you’re a consumer and you’re unhappy with the transfer you can contact us by email on orders@jammothers.co.uk or by telephone on 07876 107979 to end the contract within 14 days of us telling you about it and we will refund you any payments you’ve made in advance for products not provided. You can only transfer your contract with us to someone else if we agree to this. You need our agreement to transfer your contract with us and it’s entirely up to us whether we give it. Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it. If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply. Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you’re not allowed to, but that doesn’t mean we can’t do it later.
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