Terms & Conditions
TERMS & CONDITIONS
JANE CARR’s website and related services are made available to you in accordance with the following Terms & Conditions, as well as our Terms of Sale (TOS), which collectively refer to the below;
Please read the TOS carefully before placing any orders on www.jane-carr.com. We recommend you should keep a copy of the TOS for future reference.
We may modify the TOS from time to time. Please read the TOS and check back often. If you do not agree to any change to the TOS then you must immediately stop using the Site. Any changes made after you have placed an order will not affect that order unless we are required to make the change by law.
If you need any further information or assistance please contact Customer Care on firstname.lastname@example.org.
To use some of the services or features made available to you on this Site you will need to register. When you register you are required to provide information about yourself that is true, accurate, current, and complete in all respects. Should any of your registration information change, please notify us immediately on email@example.com. We may also change registration requirements from time to time.
The account password you provide should be unique and kept secure, and you must notify JANE CARR immediately of any breach of security or unauthorized use of your account.
ELIGIBILITY TO PURCHASE
In order to make purchases on the Site you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided.
The Site is available only to individuals and others who meet the JANE CARR terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to JANE CARR, whose applications are acceptable to JANE CARR and who have authorised JANE CARR to process a charge or charges on their credit/debit card in the amount of the total purchase price for the merchandise which they purchase. Products purchased by the buyer are for personal or gift use and should not be re-sold, used for commercial purposes or any other commercial benefit. In addition, JANE CARR reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.
By making an offer to purchase merchandise you expressly authorise us to perform credit checks and where JANE CARR feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/debit card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorisation and to authorise individual purchase transactions.
All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers.
Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
After you place an order, you will receive an email from us acknowledging that we have received your order. However, please note that this does not mean your order has been accepted. Our acceptance of your order will take place as described in below clause.
Our acceptance of your order will take place when we email you to confirm dispatch of your product, at which point a contract will come into existence between you and us.
If we are unable to accept your order, we will inform you of this in writing and we will refund you any money charged for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified. We reserve the right not to accept an order for any reason.
We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
JANE CARR offers products for sale that are in stock and available for dispatch from our warehouse. If you have registered your email address for notification of the arrival of a specific product featured on our Site, we will attempt to notify you by email within 48 hours of the product becoming available on the Site. Please be aware that on occasion certain products that are in particularly high demand will sell out during this period.
JANE CARR will store a record of your transactions for a minimum of one year.
You have the option of viewing prices in GBP, EUR and USD. Prices shown are inclusive of UK VAT (where applicable) at the current rate. At
the time of checkout, all countries outside the UK are shown a price excluding VAT prior to purchase as no VAT will be due on these purchases. Please note that your payment will be charged in GBP.
The price of a product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order. If you order products from our site for international delivery your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
You will be responsible for payment of such import duties and taxes. Please contact your local customs office for further information before placing your order.
Prices for our products may change from time to time, but changes will not affect any order you have already placed.
ACCEPTANCE OF YOUR ORDER
Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it.
Unless you cancel your order, acceptance of your order and completion of the contract between you and JANE CARR will be completed when we email you to confirm the goods have been dispatched. The sale contract is therefore concluded in London, England and the language of the contract is English. Neither our third party payment processor nor our nominated courier has the authority to accept an order on behalf of JANE CARR.
We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorisation for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the TOS.
We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
Whilst every effort is made to make sure details on our website are accurate, we may from time to time discover an error in the pricing of products. If we discover an error in the pricing of a product in your order, we will let you know as soon as possible. We shall be under no obligation to accept or fulfil an order for a product that was advertised at an incorrect price and reserve the right to cancel such an order that has been accepted or is in transit. If you order a product that is priced incorrectly for any reason, we will email or telephone you to inform you that we have not accepted your order and/or that the relevant part of your order has been cancelled. If you have already paid for the goods, we shall refund the full amount as soon as we are able. In the event that products are recalled in transit, we will process your refund once the products have been returned to us.
We accept Visa, MasterCard, American Express and Maestro cards, as well as PayPal, and any other methods which may be clearly advertised on the Site. Payment will be debited and cleared from your account upon dispatch of your order by JANE CARR. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to JANE CARR, we will not be liable for any delay or non-delivery.
We take reasonable care to make our Site secure. All credit/debit card transactions on this site are processed using Sage Pay, a secure online payment gateway that encrypts your card details in a secure host environment. If you are a registered JANE CARR user, and opt-in to store your card details, we will do so securely on our systems. These details will be fully encrypted and only used to process card transactions which you have initiated.
To help ensure that your shopping experience is safe, simple, and secure, JANE CARR uses Secure Socket Layer (SSL) technology.
Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Site.
JANE CARR digital Gift Cards are sold subject to the following terms and conditions:
- Gift Cards are valid for 12 months from date of purchase.
- Gift Cards can be redeemed against all products on the www.jane-carr.com site.
- Gift Cards are non-transferable, can only be used on the JANE CARR Site and may not be returned or redeemed for cash.
- If your order total is less than the value of your digital Gift Card, the remaining balance will be credited to your account and will be redeemed against subsequent orders. You may check your Gift Card balance online by logging in to your Account.
- If your order exceeds the value of the Gift Card all remaining balances must be paid by credit or debit card.
- If you return products you have purchased using a Gift Card, the remaining balance will be credited to your Account as credit and will be redeemed against subsequent orders. You can check your balance online by logging in to your Account.
- Gift Cards will be e-mailed to the recipient once the full order has been processed and payment has been taken.
- JANE CARR is not liable for delivery of a digital Gift Card to an incorrect or non-existent email address. This is the sole responsibility of the purchaser.
- JANE CARR reserves the right to cancel any Gift Card if we deem such action necessary.
- Promotion codes cannot be applied to the purchase of Gift Cards with the exception of free shipping codes.
Promotional codes are non-transferable and there is no cash alternative. Furthermore, they cannot be used in conjunction with any other promotion code or offers, and must be redeemed by the date published, if provided. Unless clearly stated, any promotional codes cannot be redeemed against already discounted / sale items.
The costs of delivery will be as displayed to you on our website.
You will own the goods on and from the later of the point in time when: (a) we receive payment in full, or (b) we deliver the goods to you.
We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you.
If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or a person at their delivery address) is evidence of delivery and fulfilment of the order and you become responsible for the product from this time.
The product will be your responsibility from the time we deliver the product to the address you gave us and you (or a person at your delivery address) have signed for the products.
Upon checkout, you are able to leave special delivery instructions for DHL. Please note that if you request that the courier leave your package(s) in another location without obtaining a signature for proof of delivery you agree to our terms and conditions and, confirm that you take full responsibility for any loss or damage that may occur. On occasion, DHL may refuse to deliver your order if they are of the opinion that the shipping address, or special delivery instructions are considered to be unsafe.
Please note that we aim to dispatch all orders within 48 hours. Deliveries take place Monday – Friday. Delivery times appearing on the site are estimates and are to be used as a guide only and commence from the date of dispatch. In any event, we will deliver the goods to you within 30 days of the day on which we accept your order. JANE CARR is not responsible for any delays caused by destination customs clearance processes.
If delivery is delayed by any event outside of our control, we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to cancel your order and we will give you a refund for any goods you have paid for but not received.
We may need certain information from you so that we can supply the products to you. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may end the contract. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
CANCELLING YOUR ORDER
CANCELLING YOUR ORDER UNDER THE CONSUMER CONTRACTS (INFORMATION, CANCELLATION AND ADDITIONAL CHARGES) REGULATIONS 2013
If you are based in the EU under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (ICACRs), you have the right to cancel your order with us provided you give us written notice.
RIGHT TO CANCEL UNDER THE ICACRS
You have the right to cancel your order within 14 days without giving any reason.
The cancellation period will expire 14 days from the day after the day on which you (or someone you nominate, other than a carrier) receives the last of the goods.
To exercise the right to cancel, you must inform us by letter to: CUSTOMER CARE DEPT., JANE CARR, Church Hall Studios, 4 Redhill Street, London, NW1 4BG, United Kingdom, or by email to: firstname.lastname@example.org.
For orders cancelled under the ICACRs, we will issue you with a full refund excluding the shipping cost paid by you. We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
We will make reimbursement without undue delay, and not later than:- 14 days after the day we receive back from you any of the goods supplied; or
(if earlier) 14 days after the day you provide us with evidence that the good have been returned; or
- If no goods were supplied, 14 days after the day on which we are informed about your cancellation
We will make reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
In the event that we have sent goods to you and you have cancelled your order, we may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent the goods back, whichever is the earliest. If we do not receive the goods back, we may arrange to have them collected from you at your cost.
You shall return cancelled orders to: CUSTOMER CARE DEPT., JANE CARR, RETURNS DEPT., CHURCH HALL STUDIOS, 4 REDHILL STREET, LONDON, NW1 4BG, UNITED KINGDOM, without undue delay and in any event not later than 14 days from day on which you communicate your cancellation of the contract to us. The deadline is met if you send the goods before the period of 14 days has expired.
You will have to bear the cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling, other than what is necessary to establish the nature, characteristics and functioning of the goods.
Please note you may only use your right to cancel the order under the ICACRs if you give us formal written notice of cancellation any time after your order has been placed, up until 14 calendar days from the day after you receive your order, by email or post as described above.
Items should be returned unused and with all JANE CARR swing tags still attached and in all JANE CARR original packaging. Returns that are damaged or soiled will not be accepted and will be sent back to the customer and/or a refund refused.
Please email email@example.com if any of your purchases have been delivered without JANE CARR tags.
All returns should be requested before you send your item(s) back to us to allow for easy identification and prompt processing. Unidentified returns may be returned to the sender.
Please view our Returns Policy for more information.
Goods are faulty if they are received damaged or where a manufacturing fault occurs within 30 days of purchase. Items that are damaged as a result of normal wear and tear are not considered to be faulty.
If your item is faulty when you receive it, you can exchange or return the item without charge to you provided you return the item to us within 30 days of taking delivery. We will refund you the the goods and your original postage charge, please refer to our Returns Policy for instructions on how to return the goods.
Please note that any faulty return outside this window will be returned at your own cost.
In line with The Consumer Rights Act 2015, if you discover a fault after this time, but within 6 months of purchase, where possible, we will offer to repair the item. If it cannot be repaired and the same product is still available, we will send you a replacement. If the same product is no longer available, you are entitled to an exchange or full refund.
If you have any questions or complaints about the product, please contact us. You can email our Customer Care team on firstname.lastname@example.org or write to us CUSTOMER CARE, JANE CARR, Church Hall Studios, 4 Redhill Street, London, NW1 4BG, United Kingdom.
Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
Product packaging may vary. The packaging of the product may vary from descriptions, or that shown on images on our website.
We offer a flexible returns policy to make your online shopping experience even easier. We do monitor the number of returns made by customers, and continued returns will be flagged and potentially refused at our discretion or lead to the closure of your JANE CARR account.
INTELLECTUAL PROPERTY RIGHTS
Your use of the Site and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the Content (as described in the “Content” section below), including JANE CARR’s Software and all HTML and other code contained in this Site. All such Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorized by JANE CARR and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.
In addition to the Intellectual property rights mentioned above, "Content" is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. JANE CARR tries to ensure that the information on this site is accurate and complete. JANE CARR does not promise that it’s Content is accurate or error-free. JANE CARR does not promise that the functional aspects of the Site or JANE CARR’s Content will be error free or that this Site, JANE CARR’s Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.
NO COMMERCIAL USE
This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, data mine or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.
You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on and pursuant to this Site. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the TOS, we may deny you access to this Site on a temporary or permanent basis.
You have certain rights under the law. In England these include:
- That any products you order through this Site will be of satisfactory quality, fit for their intended purpose, and will conform to any description given on this Site
- Certain remedies if a product is defective
- A right to cancel any order for a product within 14 days after the date of receipt of the product and receive a full refund even if it is not defective (see “Cancelling Your Order” above).
- Nothing in the TOS is intended to affect these rights. For more information about your rights contact your local Citizens Advice Bureau or Trading Standards Bureau.
LIMITS ON OUR LIABILITY
We accept liability for death and personal injury arising from our negligence or that of our employees and agents. We do not seek to exclude our liability for fraudulent misrepresentation by us or our employees or agents.
Nothing in this Agreement is intended to affect your rights under the law (see "Your Rights" above).
If JANE CARR fail to comply with the TOS, we are responsible for loss or damage you suffer as a foreseeable result of us breaching the TOS. Loss or damage is foreseeable if it is obvious that it will happen or if, at the time the contract is made, both you and JANE CARR knew it might happen, for example, if you discussed it with us during the sales process. We will only be liable for loss or damage up to 100% of the total value of goods purchased.
We are not responsible for losses not caused by our breach or negligence, indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us (for example, loss of profits or loss of opportunity).
We are also not responsible for failure to meet any of our obligations under the TOS where such failure is due to events beyond our reasonable control.
You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and JANE CARR as a result of the TOS or your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of JANE CARR, and we shall not be liable for any representation, act, or omission on your part.
If you breach the TOS and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the TOS.
COMPLAINTS AND GOVERNING LAW
If you have a complaint please email email@example.com stating your name, telephone number and order number (if applicable). The TOS together with all our policies and procedures will be governed by and construed in accordance to the English law and the relevant courts of England and Wales will have exclusive jurisdiction.