These terms and conditions of sale (“Terms”) are entered into by and between you and Joules Limited (“Joules”), a company registered in England and Wales under company number 2934327 and with our registered office at Joules Building, The Point, Rockingham Road, Market Harborough, Leicestershire LE16 7QU England.
Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you are agreeing to these Terms. You should print a copy of these Terms for future reference.
1.1 You may only purchase products from our site if you are at least 18 years old, legally capable of entering contracts and a resident of the United States of America. You represent and agree that all products you order are for your own private and domestic use and are not for resale.
1.2 After placing an online order (“Order”) for products available on the Joules Sites, you will receive an e-mail from us (sent to the email address that you have provided when placing your Order) acknowledging that we have received your Order.
1.3 Your Order constitutes your offer to buy a Product. All Orders are subject to acceptance by Joules, and we will confirm such acceptance by sending you an email that confirms that the Product has been shipped, at this point the contract between us is formed. Joules however reserves the right to cancel your Order after it has been received. This may be for several reasons, including but not limited to:
• The Product being unavailable in stock;
• Inability to authorize your payment;
• Identification of a pricing error;
• Your violation of these terms.
1.4 In the event your Order is cancelled Joules will notify you at the email address provided when placing your Order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
2. CANCELLATIONS, RETURNS AND REFUNDS
2.1 You can cancel your Order at any time before the expiration of seven (7) working days beginning on the day after you receive the Product. The cancellation must be made in writing to email@example.com.
2.2 In addition, you may return Products purchased on Joules Sites:
a) which were not sold as part of a promotion or sale, at any time within 28 days after the date of delivery; or
b) which were sold as part of a promotion or sale, at any time within 14 days after the date of delivery.
2.3 If you cancel your Order in accordance with clause 2.1 or 2.2, please fill out the form provided in your shipment and return it to us together with the Product within the relevant time period noted above to:
Global Response, JOULES
3580 NW 56th Street,
Fort Lauderdale, FL 33309
You will be entitled to a full refund of the purchase price paid for the Product. Please note that if you have purchased products as part of an offer or discount, the amount refunded will be adjusted accordingly to reflect any failure to meet the original requirements for the offer or discount as a result of returning the Product.
2.4 All refunds for non-defective Product returns will be processed as soon as possible but, in any event, within 21 days after we receive the returned Products. You will not receive a refund for any postage costs.
2.5 All returns for defective Products will be examined once they have been received by us and we 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 after the day we confirmed to you via e-mail that you were entitled to a refund for a defective Product (including a refund of the reasonable delivery charges for sending the item to you and the cost incurred by you in returning the item to us).
2.6 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
2.7 Where you are returning Products to Joules (whether for an exchange or refund) this is at your own cost and risk. Please make sure that you obtain a return receipt or delivery confirmation from your carrier when returning Products.
2.8 Please note, you must take reasonable care of any Product so long as it is in your possession and, when returning Products to us, you must ensure that they are in the same condition they were in when you received them (i.e. they must be unworn and returned with all labelling and original packaging). If you fail to comply with this obligation, we may have a right of action against you for compensation.
2.9 The provisions of this clause 2 are in addition to your rights and remedies under law in relation to Products that are faulty.
3.1 If you would like to exchange any of the Products that you have ordered for something else, please let us know by
(a) emailing us at firstname.lastname@example.org, and we will let you know what to do; or
(b) completing the form provided in your original shipment (specifying that you want an exchange and detailing the item you want in exchange) and returning your Products to us at: Global Response, Joules 3580, NW 56th Street, Fort Lauderdale, FL 33309, within the relevant time period stated at clause 2.2 above.
3.2 Once we have received your returned Products and we are happy with their condition, we will process a full refund for those Products and process the sale of your new Product, which will involve a new transaction on your payment card. You should receive your new Products within three weeks of the sale being processed. Where the original Product was purchased using Paypal, we are unable to process the sale of your new Product using that payment method. Therefore, you will need to make a payment for the new Product using a different payment method, or, alternatively reorder the item from the website using Paypal.
4. DELIVERY INSTRUCTIONS
4.1 We will endeavour to fulfil your order within the estimated delivery period set out in the dispatch email, unless there is an event outside our control. If we are unable to meet the estimated delivery date because of an event outside our control, we will contact you with a revised estimated delivery date.
4.2 Delivery will be completed when we deliver the Products to the address you gave us. If you provide to us any instructions relating to the delivery of your Order (including, without limitation, instructions to leave the Order in a particular place or with a neighbour), you are responsible for ensuring the accuracy of these instructions and we shall not be liable to you in relation to any loss of or damage to the Order resulting from our following your instructions.
5. RISK, TITLE AND LIABILITY FOR PRODUCT PURCHASE
5.1 The Products will be at your risk from the time of delivery.
5.2 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.
5.3 Our liability for losses you suffer as a result of us not complying with this agreement is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us not complying with the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us. We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
5.4 Joules shall not be liable for: failure by you to follow specific care instructions provided on Products; for fair wear and tear; wilful damage, abnormal storage conditions, accident, negligence by you or by any third party; or any alteration or repair to the Products by you or by a third party .
5.5 The provisions of this clause 5 does not exclude or limit in any way our liability:
(a) for death or personal injury caused by our negligence;
(b) for fraud or fraudulent misrepresentation; or
(c) defective products under the Consumer Protection Act 1987; or
(c) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
6. PRICES, DESCRIPTIONS AND PAYMENT
6.1 The price of any Product will be as quoted on our site from time to time, except in cases of obvious error.
6.2 These prices exclude applicable taxes and delivery costs, which will be added to the total amount due as set out in the delivery section of the website.
6.3 Since the Products you are ordering from our site are for delivery outside the UK, they may be subject to US import duties and taxes which are levied when the delivery reaches the US. We will usually settle these taxes and duties on your behalf however, there may be odd occasions where they are charged to you rather than us. If this happens please contact our customer services team on 1-800-583-9559 or email@example.com . We will ask you to provide the relevant customs paperwork demonstrating that it relates to your purchase from Joules and, once we have this from you, we'll reimburse you for these taxes/duties. Please note that you must comply with all applicable United States laws and regulations. We will not be liable for any breach by you of any such laws.
6.4 Prices are subject to change at any time, but changes will not affect orders in respect of which we have already sent you a Shipping Confirmation.
6.5 Joules Sites contains a large 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 or described. We do not warrant that Product descriptions or other content of our site is accurate, complete, reliable, current, or error-free. We will normally verify prices as part of our shipping 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 shipping the Product, or reject your order and notify you of such rejection.
6.6 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Shipping Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
6.7 Payment for all Products must be by credit or debit card or Paypal. We accept payment with Mastercard, Visa and American Express. We will not charge your credit or debit card until we ship your order.
7. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using Joules Sites, 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. 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.
All notices given by you to us must be given to Joules Limited by emailing firstname.lastname@example.org. 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 7 above. Notice will be deemed received and properly served immediately when posted on our website or 24 hours after an e-mail is sent.
9. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
9.1 We may revise and update these terms from time to time in certain circumstances, for example to detail changes in how we accept payment from you or to reflect changes in the law and regulatory requirements. Every time you order Products from us, the Terms in force at that time will apply to the contract between you and us. Whenever we revise these Terms in accordance with this clause 9, we will give you notice of this by stating that these Terms have been amended and the relevant date at the foot of this page.
9.2 No modification to these Terms by any party other than Joules shall be valid or enforceable against Joules unless expressly agreed to by Joules in a writing signed by a duly authorized officer of Joules.
10. EVENTS OUTSIDE OUR CONTROL
10.1 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.
10.2 An event outside our control includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) strikes, lock-outs or other industrial action; 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; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; impossibility of the use of public or private telecommunications networks; the acts, decrees, legislation, regulations or restrictions of any government.
10.3 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.
11. OTHER IMPORTANT CLAUSES
11.1 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. 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.
11.2 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.
11.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
11.4 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
11.5 These Terms constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.
11.6 We will not file a copy of the contract between us.
12. LAW AND JURISDICTION
These Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction with respect to any dispute or claim arising out of or in connection with these Terms.
13. COUNTRY OF ORIGIN
All our Products are designed in England and are manufactured by one of our approved factories in Australia, Bulgaria, China, Czech Republic, Egypt, Guatemala, India, Italy, Portugal, Romania, Spain, Tunisia, Turkey, or the UK. We inspect all of our factories regularly to ensure they adhere to high ethical standards.
Question or Comments: Contact Customer Services at email@example.com or 1-800-583-9559. Terms last updated: July 2014
This offer applies to selected items only. Sale items will be clearly marked down. This offer may not be used in conjunction with any other Joules offer. This offer is not valid in our stockists or at shows. There are no cash alternatives. This offer cannot be redeemed against any items that have already been purchased. Joules reserves the right to change these terms and conditions at any time.
16. JOULES PREMIUM WELLINGTONS GUARANTEE
All Joules Rain boots purchased through our shops, via Joules mail order, official stockists or on joules.com are guaranteed to the original purchaser for 12 months from the date of purchase against manufacturing faults and imperfections. This applies to rain boots purchased after 7th March 2013.
Within the first year of purchase, if you have reason for complaint, please contact our Customer Service Team on 1-800-583-9559 or email firstname.lastname@example.org
In most instances, you will be advised to thoroughly clean your rain boots and send them back to us with a proof of purchase.
It is essential for both hygiene and for assessment purposes that faulty items are returned to us in a clean, dry, presentable fashion. If we agree that the Rain boots do suffer from a manufacturing fault then we will at our option either issue you with a replacement pair (if we have one in stock) or we will reimburse you the purchase price. This guarantee does not cover any consequential loss or damage.
This guarantee does not cover damage or faults caused by misuse or by normal wear and tear (e.g. scratches and scuffs, wear on the soles, or inappropriate care. Any repairs carried out by a third party, or any alteration (e.g. personalisation) of the Rain boots will invalidate this guarantee. This guarantee does not affect your statutory rights.
17. EXCLUSIVELY ONLINE PRODUCTS
Our exclusively online products may also be found in some of our Outlet stores.
18. 50% OFF SELECTED WINTER WARMERS:
This offer applies to selected items only. Sale items will each be clearly marked down. This offer may not be used in conjunction with any other Joules offer. To take advantage of this offer, choose products marked with 50% off and add to your basket on joulesusa.com or call 1-800-583-9559 and reference the product. This offer is not valid in any stockist or Joules Outlet stores. This offer finishes at 11.59pm EST on Monday 1st December 2014. Joules Ltd reserves the right to change these terms and conditions at any time.