Website Terms and Conditions of Sale
Terms Last Updated: March 2023
These terms and conditions of sale (together with the separately posted, Website Terms of Use, Website Privacy Policy, Website Acceptable Use Policy and Website Cookie Policy) tell you information about us and the legal terms and conditions on which we sell the products listed on our website www.joulesusa.com, any other website on which these terms are posted or expressly referenced (“Joules Sites”) and in our catalogues to you.
These terms and conditions of sale (“Terms”) are entered into by and between you and The Harborough Hare Limited, a company registered in England and Wales under company number 14504304 and VAT registered number GB 179 7658 90, and with our registered office at Desford Road, Enderby, Leicester, United Kingdom, LE19 4AT.
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.
- 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.
- Once you have placed an order for Products, we will send you confirmation that your order has been received (sent to the email address that you have provided when placing your order). This is not confirmation that your order has been accepted. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you a further email that confirms that we have accepted your order (the “Order Acceptance”). The contract between us (the “Contract”) will only be formed when we send you the Order Acceptance.
- Joules reserves the right to terminate the Contract after it has formed. 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.
- In the event the Contract is terminated 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.
- If you are not completely happy with any Product you have purchased on a Joules Site, you may return it to us in its original condition at any time within 30 days after the date of delivery.
- 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 Joules Distribution Centre, Saxon Way West, Corby Northants, NN18 9ES, England. We recommend that you send your parcel via a registered trackable service and obtain a proof of receipt. Please note that we cannot be held responsible for any items which fail to reach us or for delays in your return reaching our warehouse.
- 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.
- Refunds for Products returned in accordance with this paragraph 2 will be processed as soon as possible but, in any event, within 10 business days after we receive the returned Products. You will not receive a refund for any postage costs.
- We will usually refund any money received from you using the same method originally used by you to pay for your purchase..
- Where you are returning Products to Joules 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.
- 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.
- The provisions of this paragraph 2 are in addition to your rights and remedies under law in relation to Products that are faulty.
- 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.
- 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.
- The Products will be at your risk from the time of delivery.
- 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, and delivery is complete.
- If you think that a product is defective or mis-described, please contact our Customer Service Team by using our Contact Details (please see section 13). One of our Customer Service Team will be able to advise you on how to return your goods.
- All returns for potentially defective products will be examined once they have been received by us and we will notify you if you are entitled to a refund via email within a reasonable period of time. We will usually process any refund due to you as soon as possible and, in any case, within 10 business days of the day we notified you via email that you were entitled to a refund for these products. If it is the case that we notified you that you are entitled to a refund, you will receive a full refund of the price paid for the product, the original delivery charges and the cost of returning the product to us.
- 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.
- 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 .
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The provisions of this paragraph 4 does not exclude or limit in any way our liability:
- for death or personal injury caused by our negligence;
- for fraud or fraudulent misrepresentation; or
- defective products under the Consumer Protection Act 1987; or
- for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
- The price of any Product will be as quoted on our site from time to time, except in cases of obvious error.
- 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.
- 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 at joulesteam@joules.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.
- Prices are subject to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Acceptance.
- The Joules Sites contain 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.
- We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an Order Acceptance, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
- Payment for all Products must be by credit or debit card or Klarna, Google Pay or Apple Pay. We accept payment with Mastercard, Visa and American Express. We require payment for products and any delivery charges in advance of delivery. Upon receiving your order we carry out a standard pre-authorisation check on your payment method to ensure there are sufficient funds to fulfil the transaction. We will take payment from your debit or credit card or your Klarna, Google Pay or Apple Pay account when you submit your Order. Additional T&Cs may apply in respect of these payment options. If you choose to pay by Klarna, during the order process and handling of your purchase, we will forward your data for an address and credit check to Klarna. General information about Klarna and the user terms can be found on klarna.com.
- Online payments will be made within a secure environment. We use the latest encryption technology (SSL) to ensure that your transactions with us are private and protected. When you proceed to make your purchase, your browser makes a connection to the secure section of our website. Your browser will show a padlock in the browser window frame and the website address will begin with “https://” to indicate that it has made a secure connection. Our payment system also complies with the Payment Card Industry Data Security Standard. We may provide details of your IP address, device attributes and payment method to third party fraud prevention companies to detect and prevent fraud and suspicious account activity. Your bank may request additional verification or screening by an independent fraud prevention service, you will be prompted to take the appropriate action as part of the payment process. We may contact you for additional security purposes should we deem this necessary.
- 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 joulesteam@joules.com. 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 the paragraph above. Notice will be deemed received and properly served immediately when posted on our website or 24 hours after an e-mail is sent.
- 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 paragraph 8, we will give you notice of this by stating that the Terms have been amended and the relevant date at the top of this page.
- 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 writing signed by a duly authorized officer of Joules.
- 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.
- 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.
- 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.
- 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.
- 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.
- This contract is between you and us. No other person shall have any rights to enforce any of its terms.
- 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.
- 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.
- We will not file a copy of the contract between us.
- 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.
- All our Products are designed in England and are manufactured by one of our approved factories in China, Vietnam, Bangladesh, Sri-Lanka, Cambodia, India, Turkey, Pakistan and the UK . We inspect all of our factories regularly to ensure they adhere to high ethical standards..
- Question or Comments: Contact Customer Services at joulesteam@joules.com We will endeavour to respond as quickly as we can but you may experience a delay in our response time due to severely reduced staffing levels.
- 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.
- All Joules Rain boots purchased from joulesusa.com are guaranteed to the original purchaser for 12 months from the date of purchase against manufacturing faults and imperfections.
- Within the first year of purchase, if you have reason for complaint, please contact our Customer Service Team via email at joulesteam@joules.com.
- In most instances, you will be advised to thoroughly clean your rain boots and email photos of the affected area of the product, together with your proof of purchase. In some instances, we may ask you to send the wellies back to us for analysis.
- 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.