Mast-Jägermeister UK LTD Terms and Conditions of Sale
1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply products ordered via our online shop at www.jagershop.co.uk.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, what to do if there is a problem and other important information.
1.3 ”You” and “Your”. These terms refers to you, the person accessing this website & submitting your order to us.
1.4 “The Company”, “Ourselves”, “We”, “Us” and “MJUK LTD”. These terms refer to Mast-Jaegermeister UK LTD.
2. Information about us and how to contact us
2.1 Who we are. We are Mast-Jaegermeister UK LTD, a company registered in England and Wales. Our company registration number is 08646840 and our registered office is at Building 11 Riverside Way, Watchmoor Park, Camberley, Surrey, GU15 3LY. Our registered VAT number is GB168857155.
2.2 How to contact us. You can contact us writing to us at LSi Ltd (Jagershop), Braemar House, Snelsins Road, Cleckheaton, West Yorkshire, BD19 3UE or [email protected].
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. Our contract with you
3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and MJUK LTD.
3.2 Your order number. 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.
4. Providing the products
4.1 We only deliver to the UK. Unfortunately we do not deliver to addresses outside the UK.
4.2 Delivery costs. The costs of delivery will be as displayed to you on our website.
4.3 When we will provide the products. We make every effort to deliver the products to you within 5 working days (from the date of order placed – our normal working day is 9 – 5:30pm, so an order placed at 8pm will be classed as having been placed on the next working day following receipt of the order) but in the event that we are unable to meet this date the products will be delivered to you by no later than 30 days after the day on which we accept your order.
4.4 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then 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.
4.5 Delivery of products containing alcohol. If any of the products you have ordered contain alcohol our delivery driver may ask you to provide photographic I.D. as proof of age. This is to ensure that we do not deliver alcohol to anyone under the age of 18.
4.6 If you fail to provide photographic I.D. when asked. If you fail to provide photographic I.D. when asked, we reserve the right to refuse delivery of the entire order and will contact you to re-arrange delivery. For the purpose of clause 4.8, this will be regarded as a failed delivery.
4.7 If you are not at home when the product is delivered. If no one is available at your address to take delivery you will receive a note from the delivery company informing you of alternative delivery arrangements.
4.8 If you do not make alternative delivery arrangements. If you do not make alternative delivery arrangements following the instructions set out by the delivery company we will contact you for further instructions and may charge you for any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery we may end the contract and clause clause 10.2 will apply.
5. Your rights to cancel your order
5.1 Your right to cancel your order. You can only cancel your order in the following circumstances:
(a) If there is a problem with the product, see clause 6;
(b) In the circumstances listed in clause 5.2; or
(c) If you have changed your mind about the product within the cooling off period, see clause 8.
If one of the above circumstances does not apply then you do not have a right to cancel your order.
6. If there is a problem with the product
6.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can write to us at [email protected] or LSi Ltd (Jagershop), Braemar House, Snelsins Road, Cleckheaton, West Yorkshire, BD19 3UE
6.2 Your legal rights. We are under a legal duty to supply products that are in conformity with the contract. A summary of your legal rights is in the box below. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
· up to 30 days: if your goods are faulty, then you can get an immediate refund.
· up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.
· up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).
6.3 Your obligation to return rejected products. If you wish to exercise your legal right to reject products which do not confirm to the contract you must post them back to us. We will pay the costs of postage. Please call customer services on 01274 854 972 or email us at [email protected].
Please refer to our Returns Policy on the website.
7. If there is an error in pricing or a delay in delivery.
7.1 If you cancel your order for a reason set out at (a) to (c) below we will refund you in full for any products which have not been provided. The reasons are:
(a) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed; or
(b) there is a risk that supply of the products may be significantly delayed because of events outside our control; or
(c) if we have delivered the products late or not delivered them at all.
8. Exercising your right to change your mind (Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013).
8.1 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. However, please note that these rights, under the Consumer Contracts Regulations 2013, exclude all products that are made to the consumer’s specifications or are personalised and the right to cancel shall therefore not apply to any personalised products purchased from our website
8.1.a Changes to personalised orders. If you wish to make a change to any product you have ordered please contact us within 8 hours of placing your order via email to [email protected]. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If your order has been despatched prior to receiving your notification of change then you must follow the procedures set out at clause 9 (“How to end the contract with us”).
8.2 When you don't have the right to change your mind. Products containing alcohol are sealed for health protection and hygiene purposes and you cannot change your mind in respect of these once the seal has been broken. You also cannot change your mind if the product has been personalised (for example, if the product has been personalised to contain a name, event or specific details).
8.3 How long do I have to change my mind? You have 14 days after the day you (or someone you nominate) receives the products.
9. How to cancel your order (including if you have changed your mind)
9.1 Tell us you want to cancel your order. To cancel your order with us, please let us know by doing one of the following:
(b) By email. You can also email us at [email protected].
(c) By telephone. You can contact us on 01274 854 972.
(d) By post. Print off the Cancellation Form and post it to us at the address on the form. You can, alternatively, simply write to us at the address on the form, including details of what you bought, when you ordered or received it and your name and address.
Please refer to the Returns Policy on the website for details instructions.
9.2 Returning products after cancelling your order. If you cancel your order for any reason after products have been dispatched to you or you have received them, you must return them to us. You must post them back to us at LSI Ltd (Jagershop), Northfield House, Snelsins Road, Cleckheaton, West Yorkshire, BD19 3UE. If you are exercising your right to change your mind you must send off the products within 14 days of telling us you wish to change your mind.
9.3 When we will pay the costs of return. We will pay the costs of return:
(a) if the products are faulty or misdescribed; or
(b) if you are ending the contract because we have told you of an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
If you are exercising your right to change your mind you must pay the costs of return.
9.4 How we will refund you. We will refund you the price you paid for the products, by the method you used for payment, including delivery costs you paid to have the products delivered to you. However, we may make deductions from the refund, as described below.
9.5 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the products, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
9.6 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us.
10. Our rights to cancel your order
10.1 We may cancel your order if you break the contract. We may cancel your order for a product at any time by writing to you if you do not, within a reasonable time, allow us to deliver the products to you.
10.2 You must compensate us if you break the contract. If we cancel your order in accordance with clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract, as compensation for the net costs we will incur as a result of your breaking the contract.
10.3 Insufficient stock. We may cancel your order if we do not have sufficient stock to fulfil your order. In this circumstance we will refund the price you have paid for the products via the method you used for payment.
10.4 Cancelling your order if we suspect that you are under 18. We may cancel your order if we have reason to believe that you are under 18. In this circumstance we will refund the price you have paid for the products via the method you used for payment.
10.5 Pricing error. We may also cancel your order in accordance with clause 11.2.
10.6 We are not liable for any costs or loss relating to the material you supply in the personalisation of the product. We exclude liability for any material, be it images or text, that you upload to our website that is deemed to be illegal and shall include without limitation anything that is: defamatory, obscene, discriminatory, offensive, hateful, threatening or inflammatory; infringes any copyright, or trade mark or similar right of any other person; likely to harass, upset, embarrass, alarm or annoy any other person; or used to impersonate any person, or to misrepresent your identity or affiliation with any person. Any material you upload to the website will be considered non-confidential and non-proprietary, and you confirm that we have the right to use, copy, distribute and disclose to third parties any such material for fulfilling your order. We also reserve the right to disclose your identity to any third party who is claiming that any material you have uploaded is a violation of their rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any materials you provide. You also agree to be responsible for any costs of losses we incur as a result of acting in accordance with your order.
10.7 We reserve the right to cancel any order that we believe is defamatory, obscene, discriminatory, offensive, hateful, threatening or inflammatory; infringes any copyright, or trade mark or similar right of any other person; likely to harass, upset, embarrass, alarm or annoy any other person; or used to impersonate any person, or to misrepresent your identity or affiliation with any person. Upon cancellation by us we will reimburse your order in full less any costs incurred by us as a result of this cancellation.
11. Price and payment
11.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 11.2 for what happens if we discover an error in the price of the product you order.
11.2 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel your order, refund you any sums you have paid and require the return of any goods provided to you.
11.3 When you must pay and how you must pay. Payment for the products is at the time of order. If the product you are purchasing contains alcohol, payment must be made by credit card to ensure that we comply with our legal obligation to sell alcohol only to those who are aged 18 or over.
12. Our responsibility for loss or damage suffered by you
12.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking the contract, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
12.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products.
12.3 We are not liable for business losses. We only supply the products to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13. How we may use your personal information
13.1 How we will use your personal information. We will use the personal information you provide to us:
(a) to supply the products to you;
(b) to process your payment for the products; and
(c) if you agreed to this during the order process or by subscribing to our newsletter, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
13.2 We will give your personal information to third parties whom provide services to us in relation to your order, for example, our logistics provider and our payment processing service provider. We may also give your persons information to third parties where the law either requires or allows us to do so.
14. Other important terms
14.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
14.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
14.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). The contract is between you and us. No other person shall have any rights to enforce any of its terms.
14.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
14.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts. If you live in the Republic of Ireland you can bring legal proceedings in respect of the products in either the Republic of Ireland or English courts.