Terms and Conditions
Please read these terms & conditions carefully before using this website. These terms and conditions apply to the use of this website and by accessing this website and/or placing an order you agree to be bound by the terms and conditions. If you do not agree to these terms and conditions you may not use or access this Website.
The term Jack Dust or ‘jackdust.com’, ‘us’, ‘our’ or ‘we’ refers to the owner of the website.
CONTENT
You acknowledge and agree that all content of this website including all images, graphics, text and other portions of these web pages are copyrighted by Jack Dust or its subsidiaries or affiliated companies and/or third-party licensors.
Permission is given only to view the material on these web pages and to save that material only for your future personal and non-commercial reading. You agree not to copy, reproduce, modify, transmit, commercially exploit, distribute or publish in any way or create any derivative works unless you obtain our written permission.
We reserve the right to modify, suspend or withdraw any aspect of this website (in part or whole) at any time without prior notice, including the availability of any feature, promotion, database, or content. We may also impose limits on certain features and services, we shall not be liable to you or a third party for any modification or withdrawal. If you continue to use this website following an alteration it will be deemed as your acceptance to this change. Prices are subject to change without notice.
DISCLAIMER
We do not warrant or make any representations regarding the use or the results of the use of the materials in this site in terms of their correctness, accuracy, timeliness, reliability or otherwise. All reasonable care is taken to ensure images, specifications, descriptions and prices of products on this website are correct at the time of entry. We are constantly updating and maintaining the website to keep the information as current and accurate as possible.
Whilst we try to represent accurate product colours in the images on our website, colours may vary due to the specification and resolution limitations of computer screens and should be used as a guide only.
During periods of a sale or promotion, our standard terms & conditions may be affected by those associated with the offer.
You (and NOT Jack Dust) assume total responsibility and risk for your use of this website and the Internet.
The materials in this site are provided ‘as is’ and without warranties of any kind either express or implied.
To the fullest extent permissible pursuant to applicable law, Jack Dust disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
Jack Dust does not warrant that this website or any of its functions will be uninterrupted or error-free, that defects will be corrected, or that this site, including bulletin boards, or the servers that make it available, are free of viruses or other harmful components.
Jack Dust shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorised access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
We reserve the right at our discretion to refuse to supply goods.
PAYMENT
Please be aware if you are placing an order with us for the first time we may require that the payment details for the cardholder need match the invoice & shipping address. We will contact you via phone or email if there is an issue in sending out your order, this issue will mean that next day delivery is not possible.
If you are using jackdust.com issued vouchers/coupon codes as payment please be aware vouchers must be redeemed in full at time of use
PRICING
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 despatch the item to you. In those circumstances, we will notify the correct price to you so you can decide whether or not you wish to order the item at that price
LIABILITY
There are certain liabilities which we cannot exclude by law and nothing in these General Terms and Conditions limits our liability for personal injury or death caused by our negligence or for fraud.
You have certain rights as a consumer, including legal rights relating to faulty or misdescribed goods. For further information about your legal rights in the UK, contact your local authority Trading Standards Department or Citizen’s Advice Bureau. Nothing in these General Terms and Conditions will affect these legal rights and, in particular, we will perform our obligations under these General Terms and Conditions with reasonable care and skill.
Any products we supply to you will be of satisfactory quality. If we deliver a product to you that is not of satisfactory quality, you can contact us for a repair or replacement or, where this is not possible, for a refund.
Our products are intended for decorative purposes and are NOT toys.
We are only responsible for losses that are a natural, foreseeable consequence of our breach of these General Terms and Conditions. We will not be liable to you if we are prevented or delayed from complying with our obligations under these General Terms and Conditions by anything you (or anyone acting on your behalf) does or fails to do or due to events which are beyond our reasonable control.
You must follow any advice we give you to keep products we supply to you safe (including any instructions or product manuals provided with the products). We cannot accept liability for damage to the products we have supplied which is caused by your failure to follow this advice.
In any event, we will not be liable for any losses related to any business of yours including (without limitation) lost data, lost profits, lost revenues or business interruption.
ASSIGNMENT, WAIVER AND THIRD PARTY RIGHTS
We may update or amend these General Terms and Conditions of Sale from time to time to comply with the law or to meet our changing business requirements without notice to you. Any updates or amendments will be posted on the Website.
You may not assign or sub-contract any of your rights or obligations under these General Terms and Conditions of Sale to any third party unless we agree in writing.
We may assign, transfer or sub-contract any of our rights or obligations under these General Terms and Conditions of Sale to any third party at our discretion.
No relaxation or delay by us in exercising any right or remedy under these General Terms and Conditions of Sale shall operate as a waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing.
If any of these General Terms and Conditions of Sale are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these General Terms and Conditions of Sale shall remain in full force and effect.
Only you and we shall be entitled to enforce these Terms of Sale. No third party shall be entitled to enforce any of these Terms of Sale, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
These General Terms and Conditions of Sale are governed by the laws of England and Wales and any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.
DELIVERY
The delivery charge is automatically added to your order and you will see the total amount you have to pay before you confirm the order.
If you are liable to be out, you can nominate to have your parcel left in a ‘Safeplace’ at your address. The location can be any secure, weatherproof area of the property, that is safe and easily accessible for the courier.
On our checkout page where you fill in your address there’s a box at the bottom of the form for your notes, you can put instructions there. We will then transfer your instructions to the delivery company. You must state clearly in your note that you’re nominating a single ‘Safeplace’ for example:
- Safeplace: Outside the garage door
- Safeplace: In the porch
If you nominate a Safeplace you, not us, will be responsible for any loss and/or damage to the products/goods after they have been delivered.
All risk in the products/goods you order (including the risk of loss and/or damage to the products) shall pass to you when they are delivered to the delivery address specified in your order.
Some couriers may directly offer you the option to change the delivery address once your item has been dispatched, please be aware, if there is a charge for this service we will pass this cost onto you. If you change the delivery address after dispatch you, not us, will be responsible for loss and/or damaged to the goods from that moment.
We shall be under no liability for any delay or failure to deliver products if the delay or failure is wholly or partly caused by circumstances beyond our control.
The majority of our parcels will be sent via a Royal Mail or courier. Please be aware in most cases, a signature will be required.
In the UK, delivery charge refunds can only be made in accordance with your legal rights under the Consumer Protection (Distance Selling) Regulations 2000 and other applicable legislation. Similar rights may apply for some international deliveries. For further information about your legal rights see “Your Right to Cancel” section below and contact your local authority Trading Standards department or consumer advice centre (for example the Citizen’s Advice Bureau for UK customers).
We reserve the right to reclaim the costs of storage and/or redelivery and/or related costs where the customer fails to accept delivery of goods.
YOUR RIGHT TO CANCEL
You have the right to cancel the contract at any time up to the end of 14 working days after you receive the items/goods. A working day is any day other than weekends and bank or other public holidays.
If you exercise your right of cancellation after the goods have been dispatched to you, you will be responsible for returning the goods to us at your own cost. The goods must be returned within 28 days of delivery. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit.
IMPORT TAX
Please note that if the delivery address given on an order is outside of the UK an import tax may be payable upon receipt of the goods. The amount payable depends on the destination and may be subject to change. These payments are the responsibility of the customer and we accept no liability for any payments which may be due.
These terms & conditions do not affect your statutory rights