Terms & Conditions
This page (together with the documents referred to on it) tells You the customer (” You” or “Your”) the terms and conditions on which We ‘JLSP Associates’ (” We” or “Us”) supply any of the products (” Products”) listed on our website www.jlsp.co.uk and www.timandtess.co.uk (” Our Sites”) to You. Please read these terms and conditions carefully before ordering any Products from Our Site. You should understand that by ordering any of our Products, You agree to be bound by these terms and conditions.
1. INFORMATION ABOUT US
www.jlsp.co.uk and www.timandtess.co.uk are sites operated by Us. We are registered in England and Wales under company number 7784927 and our registered office is located at Tetford Hill Farm, Tetford Hill, Tetford, Horncastle, Lincolnshire. LN9 6QR
2. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
2.1 After placing an order, You will receive an e-mail from Us acknowledging that We have received Your order. Please note that this does not mean that Your order has been accepted. Your order constitutes an offer to Us to buy a Product. We will send You an e-mail that confirms that the Product has been ordered (the ” Order Confirmation”) and then a further e-mail that confirms that the Product has been dispatched (the ” Dispatch Confirmation”). The Dispatch Confirmation shall be Our formal acceptance of your order and the contract between Us (” Contract”) will only be formed when We send You the Dispatch Confirmation.
2.2 The Contract will relate only to those Products whose dispatch We have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of Your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
3. CONSUMER RIGHTS
3.1 If You are contracting as a consumer, You may cancel a Contract at any time within seven working days, beginning on the day after You received the Products. In this case, You will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in paragraph 8 below).
3.2 To cancel a Contract, You must inform Us either in writing at the address set out in paragraph 11 below or in an e-mail addressed to firstname.lastname@example.org. You must also return the Product(s) to Us immediately, in the same condition in which You received them, and at Your own cost and risk. You have a legal obligation to take reasonable care of the Products whilst they are in Your possession. If You fail to comply with this obligation, We may have a right of action against You for compensation.
3.3 This provision does not affect Your statutory rights.
4. AVAILABILITY AND DELIVERY
4.1 Your order will only be accepted if the place of delivery is located within mainland England, Scotland, Wales or Northern Ireland.
4.2 Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 7 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
4.3 If We have insufficient stock to deliver the Products ordered by You, We will notify You as soon as possible and any sum debited by Us from Your credit card will be re-credited to Your account and We will notify You by e-mail at the address given by You in Your order. The refund will be made as soon as possible and in any event within 30 days of Your order. We will not be obliged to offer any additional compensation for disappointment suffered.
5. SPECIAL PROMOTIONS
5.1 We may periodically advertise special promotions. These may involve limited-time bargain prices on selected Products or involve limited-time low prices on purchases of multiple Products from a selection. Such special promotions will depend upon the availability of the selected Products and, whilst We will endeavour to ensure that sufficient numbers of the selected Products are available to satisfy demand whilst the promotion is in place, if the selected Product(s) is/are not available, We may withdraw the promotion and/or decline to accept Your offer to purchase the required titles without any liability to Us.
5.2 If You offer to purchase a selection of Products from a multi-Product offer but do not offer to purchase a sufficient number of the Products to qualify for the discount, the Products selected will be charged to You at the normal listed price for single purchases. As is usual, in special promotions related to the purchases of multiple books, any free Products will be the lowest priced ones.
5.3 Promotion codes apply to retail orders only and cannot be used for bulk orders. Only one promotion code can be used per order. JLSP Associates reserves the right to cancel any orders deemed to be for wholesale or resale purposes.
6. RISK AND TITLE
6.1 The Products will be at Your risk from the time of delivery.
6.2 Ownership of the Products will only pass to You when We receive full payment of all sums due in respect of the Products, including delivery charges.
7. PRICE AND PAYMENT
7.1 The price of any Products will be as quoted on Our Site, except in cases of obvious or typographical error.
7.2 These prices exclude delivery costs, which will be added to the total amount due as set out in paragraph 7.3 below.
7.3 Delivery Costs – these will be based on the standard delivery charges available at the time. You will be informed of the current charges at the order stage and/or before goods are despatched
7.4 Prices are liable to change at any time, but changes will not, affect orders in respect of which We have already sent You a Dispatch Confirmation.
7.5 Our Site will contain an increasing number of Products and it is always possible that, despite our best efforts, some of the Products listed on Our Site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than Our stated price, We will charge the lower amount when dispatching the Product to You. If a Product’s correct price is higher than the price stated on Our Site, We will normally, at our discretion, either contact You for instructions before dispatching the Product, or reject Your order and notify You of such rejection.
8. OUR REFUNDS POLICY
8.1 You may return a Product to Us in the following situations:
(a) because you have cancelled the Contract between Us within the seven day (7) cooling-off period (see paragraph 3.1 above). Where this happens We will process the refund due to You as soon as possible and, in any case, within 30 days of the day You have given notice of Your cancellation provided the Product has remained in its original packaging and condition. In this case, We will refund the price of the Product in full, including the cost of sending the item to You and We will notify You of this by e-mail at the address given to Us by You in Your order. You will be responsible for the cost of returning the item to Us;
(b) where you have changed Your mind after the seven day cooling off period and would like to exchange the Product for another Product. Where this happens then You must return the Product to Us in its original packaging and condition so as to ensure it arrives with us within 28 days of receipt of the Product by You. You will be responsible for returning the item to Us and the cost of despatching the exchanged item;
(c) because You claim that the Product is defective. Where this happens then You should return the Product to Us in its original condition along with Your proof of purchase. We will then examine the returned Product and will notify You of Your refund via e-mail within a reasonable period of time. We will usually process the refund due to You as soon as possible and, in any case, within 30 days of the day We confirmed to You via e-mail that You were entitled to a refund for the defective Product. Products returned by You because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to You and the cost incurred by You in returning the item to Us.
8.2 We will usually refund any money received from You using the same method originally used by You to pay for Your purchase.
8.3 Many items sold via our website are exclusive and not available in stores.
8.4 You can post returns to the following address:
JLSP Associates Ltd., Tetford Hill Farm, Tetford Hill, Tetford, Horncastle, Lincolnshire. LN9 6QR
9. OUR LIABILITY
9.1 We warrant to You that any Product purchased from Us through Our Site is of satisfactory quality and reasonably fit for all the purposes for which Products of the kind are commonly supplied.
9.2 Our liability for losses You suffer as a result of or in connection with the supply of Products to You is limited to the purchase price of the Product You purchased and any losses which are a foreseeable consequence of Us supplying You with defective Products or in Us failing to supply Products in accordance with the terms of these terms and conditions. Losses are foreseeable where they could be contemplated by You and Us at the time Your order is accepted by Us. In addition, We will not be liable for indirect losses which occur as a side effect of the main loss or damage and which are not foreseeable by You and Us.
10. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications We send to You should be in writing. When using Our Site, You accept that communication with Us will be mainly electronic. We will contact You by e-mail or provide You with information by posting notices on our website. For contractual purposes, You agree to this electronic means of communication and You acknowledge that all contracts, notices, information and other communications that We provide to You electronically comply with any legal requirement that such communications be in writing. This condition does not affect Your statutory rights.
All notices given by You to Us must be given to JLSP Associates Limited at:
Tetford Hill Farm, Tetford Hill, Tetford, Horncastle, Lincolnshire, LN9 6QR
We may give notice to You at either the e-mail or postal address You provide to Us when placing an order, or in any of the ways specified in paragraph 11 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
12. TRANSFER OF RIGHTS AND OBLIGATIONS
12.1 The contract between You and Us is binding on You and Us;
12.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of Your rights or obligations arising under it, without our prior written consent.
12.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
13. EVENTS OUTSIDE OUR CONTROL
13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (” ForceMajeure Event”).
13.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
(f) The acts, decrees, legislation, regulations or restrictions of any government.
13.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and We will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
14.1 If We fail, at any time during the term of a Contract, to insist upon strict performance of any of Your obligations under the Contract or any of these terms and conditions, or if We fail to exercise any of the rights or remedies to which We are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve You from compliance with such obligations.
14.2 A waiver by Us of any default shall not constitute a waiver of any subsequent default.
14.3 No waiver by Us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to You in writing in accordance with paragraph 10 above.
If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
16. ENTIRE AGREEMENT
We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. Whilst We accept responsibility for statements and representations made by Our duly authorised agents, please make sure You ask for any variations from these terms and conditions to be confirmed in writing.
17. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
17.1 We have the right to revise and amend these terms and conditions from time to time [to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in Our system’s capabilities.
17.2 You will be subject to the policies and terms and conditions in force at the time that You order products from Us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by You), or if We notify You of the change to those policies or these terms and conditions before We send You the Dispatch Confirmation (in which case We have the right to assume that You have accepted the change to the terms and conditions, unless You notify Us to the contrary within seven working days of receipt by You of the Products).
18. LAW AND JURISDICTION
Contracts for the purchase of Products through Our Site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.