PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
1 Who we are and how to contact us
1.1 www.joshwoodcolour.com (the “Site”) is a site operated by JW Coloursystem Limited (a company registered in England and Wales under registration number 10619996 whose registered address is 6 Lansdowne Mews, London, London, England, W11 3AN) and its subsidiaries (“we” or “us”).
1.2 These Terms and Conditions apply to the use of the Site and the purchase of goods by you. If you purchase goods via the Site, they will be purchased from JW Digital Colour Ltd (a company registered in England and Wales under registration number 10652738 whose registered address is 6 Lansdowne Mews, London, London, England, W11 3AN), a subsidiary of JW Coloursystem Limited.
1.3 To contact us, please email email@example.com.
2 By using the Site you accept these terms
3 We may make changes to these TOS
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.
4 We may suspend or withdraw our site
4.1 The Site is made available free of charge.
4.2 We do not guarantee that the Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Site for business and operational reasons. Where appropriate, we will try to give you reasonable notice of any suspension or withdrawal.
4.3 You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of the TOS and that they comply with them.
5 Eligibility to purchase
5.1 We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. You agree not to use the Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
5.2 To make purchases on the Site you will be required to provide your personal details. In particular, 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 information provided. 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.
6.1 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 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 us.
6.2 We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorisation for payment or that the item ordered is out of stock. 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.
6.3 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.
6.4 We will not be liable to you or any third party by reason of our withdrawing any product from the Site whether or not that product has been sold, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
The images of the products on the Site 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, or the end result the product will achieve. Your product may vary slightly from those images. The packaging of the product may vary from that shown in images on our website.
Prices shown on the Site are in GBP and are inclusive of VAT at the applicable rate. We take all reasonable care to ensure that the price of the product advised to you is correct. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. If we discover an error in the pricing of a product in your order, we will let you know as soon as possible. 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. 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 end the contract, refund you any sums you have paid and require the return of any goods provided to you.
We accept Visa, MasterCard and American Express and any other methods which may be clearly advertised on the Site from time to time. Payment will be debited and cleared from your account upon acceptance of your order by us. 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 us we will not be liable for any delay or non-delivery.
10 Promotion and referral codes
Promotion and referral 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. We may remove or cancel any promotion code or offers at any time without notice.
11.1 The costs and estimated delivery timelines will be displayed to you on the Site.
11.2 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, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
11.3 If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
11.4 A product will be your responsibility from the time we deliver the product to the address you gave us. You own a product once we have received payment in full.
12 Consumer rights, cancellations and returns
12.1 You have certain rights under the law. In England these include:
12.1.1 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;
12.1.2 certain remedies if a product is defective; and
12.1.3 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.
12.2 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.
12.3 You have the right to cancel your order with us for any reason by returning it to us within 30 days of receipt. If you wish to cancel your order before you have received the goods please inform us by email (stating your intention to cancel and all details of your order) to firstname.lastname@example.org.
12.4 To exercise the right to cancel, you must return the cancelled orders (all products to be returned must be unopened and unused) to: Josh Wood Colour, C/O Fusion 3PL, Block 7, Units 1,2,3 Vestry Road, Sevenoaks, Kent, TN14 5EL not later than 30 days from the day on which the product was delivered to you.
12.5 Your rights to cancel or return orders do not apply to products which you have opened or used unless they are faulty.
12.6 If you are returning or cancelling your order in accordance with these TOS, we will issue you with a full refund excluding the costs of return. We will only pay the costs of return if the products are faulty or misdescribed. 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.
12.7 We will make the reimbursement by the method you used for payment without undue delay, and not later than: (i) 14 days after the day we receive back from you any of the goods supplied; or (ii) (if earlier) 14 days after the day you provide us with evidence that the goods have been returned; or (iii) if no goods were supplied, 14 days after the day on which we are informed about your cancellation.
12.8 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.
13 Limits on our liability
13.1 The content on the Site is provided for general information only. It is not intended to amount to advice on which you should rely. For the avoidance of doubt, this includes any recommendations made via the “Digital Consultation”. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Site.
13.2 Although we make reasonable efforts to update the information on the Site, we make no representations, warranties or guarantees, whether express or implied, that the content on the Site is accurate, complete or up to date.
13.3 Nothing in the TOS is intended to affect your rights under the law. If we breach the TOS we shall only be liable for losses which are direct losses and a reasonably foreseeable consequence of such a breach. Losses are foreseeable where, for example, they could be contemplated by you and us at the time of you placing your order, and us despatching your order. 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.
13.4 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 and for defective products.
14 How you may use material on our site
14.1 We are the owner or the licensee of all intellectual property rights in the Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
14.2 You may print off one copy, and may download extracts, of any page(s) from the Site for your personal use and you may draw the attention of others within your organisation to content posted on the Site.
14.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
14.4 Our status (and that of any identified contributors) as the authors of content on the Site must always be acknowledged.
14.5 You must not use any part of the content on the Site for commercial purposes without obtaining a licence to do so from us or our licensors.
14.6 If you print off, copy or download any part of the Site in breach of the TOS, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
15 We are not responsible for websites we link to
15.1 Where the Site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
15.2 We have no control over the contents of those sites or resources.
16 We are not responsible for viruses and you must not introduce them
16.1 We do not guarantee that the Site will be secure or free from bugs or viruses.
16.2 You are responsible for configuring your information technology, computer programmes and platform to access the Site. You should use your own virus protection software.
16.3 You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.
17 Rules about linking to the Site
17.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
17.2 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
17.3 You must not establish a link to the Site in any website that is not owned by you.
17.4 The Site must not be framed on any other site, nor may you create a link to any part of the Site other than the home page.
17.5 We reserve the right to withdraw linking permission without notice.
17.6 If you wish to link to or make any use of content on the Site other than that set out above, please contact email@example.com.
18 Our trade marks are registered
JOSH WOOD and SHADE SHOTS are trade marks of Josh Wood Holdings Limited. You are not permitted to use them without our approval, unless they are part of material you are using as permitted under the “How you may use material on the Site” section of these TOS.
19 Other important terms
19.1 Even if we delay in enforcing these TOS, we can still enforce them later. If we do not insist immediately that you do anything you are required to under these TOS, or if we delay in taking steps against you in respect of you breaking the TOS, 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.
19.2 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
19.3 Each of the paragraphs of the TOS 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.
19.4 You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and us 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 ours, and we shall not be liable for any representation, act, or omission on your part.
If you have a complaint about us, email firstname.lastname@example.org giving full details including date of purchase and order reference number where applicable and your full name and address and contact details.
21 Governing Law
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.