THE JAMBO COLLECTION LIMITED (“JAMBO”)
TERMS & CONDITIONS OF SERVICE
PLEASE READ THIS AGREEMENT CAREFULLY AS IT GOVERNS YOUR USE OF THE JAMBO WEBSITE SITUATED AT WWW.THEJAMBOCOLLECTION.CO.UK (“WEBSITE”) AND BY ACCESSING THE WEBSITE AND USING THE SERVICES ON IT YOU (AS DEFINED BELOW) (“YOU”), ARE FORMING A CONTRACT AND AGREEING TO THE TERMS AND CONDITIONS THAT APPEAR BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS THEN PLEASE DO NOT USE THE WEBSITE OR USE THE SERVICES.
TERMS AND CONDITIONS:
1. Provision of the Service and How to Contact us
Jambo provides an online means for purchasing our high-quality bespoke fashion products (“Service(s))”.
Full contact details for Jambo are as follows:
Company Name and Registered address: The Jambo Collection Limited (Company Registration Number: 09469388), Saxby & Sinden Ltd, 18 High Street, Budleigh Salterton, Devon. EX9 6LQ
Contact Address: The Jambo Collection, Moorland House, 23 Monmouth Avenue, Topsham, Devon, EX3 0AF
Email Address: email@example.com
Contact Telephone Number: +44 7970-473282
2. Licences Granted
You acknowledge that the licence You have granted to Jambo under this Agreement to use any content you submit (“Content”) entitles Jambo to, a) use and publicly display the Content which may include press releases, marketing materials and any products and/or services associated with the business of Jambo which shall include but not be limited to the Website, b) disclose that Content to third parties for the production of your purchase order, c) to use for measurement and business purposes which for the avoidance of any doubt may include posting on social networking sites such as Facebook and Twitter and/or other mediums for marketing and promotion and other such business activities.
Jambo hereby grants to You a non-exclusive, revocable, non sub-licensable, non-transferable license to use the Website however, and notwithstanding that permission, You hereby acknowledge that all copyright, database rights, website design, trade and service marks, logos and/or names, design rights, know how and all other intellectual property rights (including any material used on the Website such as photographs and videos of goods etc) (“Intellectual Property”) in each case whether registered or not belong to Jambo (or applicable licensors) and may not be used in any way whatsoever without the prior and written consent of Jambo.
Jambo respects Your right to privacy and has a strict policy of complying with the terms of the Data Protection Act 1998. As referred to under clause 2 above, at certain times, and as a result of Your interaction with the Website Jambo may hold and process personal information obtained about You for the purposes providing You with the Service. By registering with and/or using the Website You consent to this collection and use of your information. Content whatsoever.
Please note that we may also use Your details to send You information about our products and/or services – if at any time You do not wish to receive such information please contact us at firstname.lastname@example.org or by post at the above address and we shall immediately cease such communication.
4. Warranties and Indemnity and Storage of Content
Jambo warrants that it will use all reasonable skill and care in the provision of the Service but makes no warranty that the Website is free from viruses or anything else that has contaminating and/or destructive properties. It is always Your responsibility to adopt appropriate back-up, firewall and other precautionary security measures. You warrant and represent that You are the owner or licensee of any Content that You upload, record or otherwise transmit through the Service. You warrant and represent that You shall not publish, post, upload, record or otherwise transmit anything that: (i) infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (ii) violates any law or statute, (iii) is defamatory, unlawfully threatening or unlawfully harassing; (iv) is profane, indecent, obscene, harmful to minors or pornographic; (v) contains any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information or property of another; or (vi) is materially false, misleading or inaccurate.
You agree not to: (1) use the Service in connection with chain letters, junk mail, pyramid schemes, spamming or any duplicative or unsolicited messages, or any use of distribution lists to any person; (2) harvest or otherwise collect information about others; (3) knowingly interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks; (4) attempt to gain unauthorised access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means; or (5) use the Service for any illegal purposes whatsoever.
You agree to fully indemnify Jambo, all third-party advertisers and/or other partners from and against all claims, liabilities, costs and expenses (including but not limited to legal fees) arising out of Your use of the Service or related to any breach of this Agreement. In addition, You agree to not settle any matter or third-party claim without the prior written consent of Jambo.
Please note that Jambo will not be responsible for the storage and/or back up of any Content (which for the avoidance of any doubt shall include videos/images/photographs) used by the Service and You should make Your own arrangements for the storage and/or back-up of any such Content
5. Service Availability and Limitation of liability
The Service is provided on an “as is” basis and all conditions and warranties or representations whether express or implied are fully excluded from this Agreement to the extent that they can be excluded as a matter of applicable law.
Jambo fully reserves the right to modify, withdraw, suspend or restrict the availability of the Service or any part of it and without notice to You – for the avoidance of doubt, Your order only constitutes an offer to purchase goods from us and does not form a legally binding contract until accepted by us by way of an emailed acknowledgement to the email address supplied in Your registration.
To the maximum extent permitted by law, Jambo shall not be liable to You (and for the avoidance of any doubt, “You” shall include the use of the Website by Designers) for the use or inability to use the Service, whether in contract, tort (including negligence) or otherwise for:
any indirect, consequential or special loss or damage whatsoever (even if advised of the possibility of such damages);
any loss of profit, loss of anticipated savings, loss of business, loss of goodwill, loss of data or other such financial or business loss or damage; or
any other loss or damage in an amount exceeding £50.00 (fifty Pounds) in the 12 months preceding the date on which such liability arose.
6. Delivery and Returns and General Terms
Delivery times provided to You in respect of Your order are approximate only and are dependent on a number of factors outside of Jambo’s control, and due to the nature of the bespoke items being ordered, are always subject to availability.
In the event that You consider the goods You have purchased are faulty or not fit for purpose in some way or, You simply change Your mind, then please contact Jambo at email@example.com and Jambo will provide You with Your return instructions.
You must return the goods back direct to the contact address noted above within 14 days of receipt of the goods and please note that Jambo follows a strict policy of repair, replace and refund under the terms of the Sale of Goods and Services Act 1982.
If You returned the goods because You changed Your mind about the purchase then You must pay for the cost of shipping, but, if the goods were faulty then You are not responsible for any standard delivery costs You may have paid, and You will be refunded those amounts by Jambo.
Please note that You are required to take good care of the goods and You may be liable for the reduced value of goods caused by handling them beyond what’s necessary to be sure they are what You ordered. You should receive a refund from Jambo within 14 days of cancellation, but Jambo can wait to refund You until You have returned the item or have proof of return postage.
In the event a bespoke/custom order has been placed and paid for and subsequently processed, it cannot be cancelled unless agreed in advance and in writing with Jambo which reserves the right to charge a cancellation fee – this is due to the individual nature of a custom order which cannot then readily be re-sold.
Please note that all items purchased using this Website are individually produced by artisans, and as a result, Jambo may run out of stock from time to time. Jambo will engage with the artisan producers to ensure that items are replaced as quickly as possible and will inform buyers via the Website when such items are available to purchase once more.
Please also note that products shown are a visualisation only and the final product may vary in colour and therefore images provided do not always represent an exact colour but are a guide only.
In the event of a dispute over the colour and/or styling etc of any item sold, the record on Jambo’s ordering system and which was communicated to You via email shall take priority and shall be final.
All notices shall be given to Jambo via e-mail at firstname.lastname@example.org or by post to Jambo’s land address as set out under clause 1 of this Agreement.
The Service may contain links to websites and other resources, however, Jambo shall not be responsible and shall not be held liable for the availability or content of these resources. No endorsement or approval of any such third party websites, their advice, opinions, information, products or services is expressed or implied by any information on the Website or elsewhere via the provision of the Service and where we provide links to other websites it is done for Your convenience only and shall be at Your own risk and we shall not be liable for any damages arising in connection therewith.
This Agreement and Your access to the Service may be terminated by Jambo at any time or by written notice if (in the sole opinion of Jambo) You are in breach of this Agreement and the breach is not properly remedied (which shall also be decided in the sole discretion of Jambo) within the period of 7 days after written notice of the breach has been given to You. Please note that You may terminate this Agreement at any time and without having to provide Jambo with a reason.
In the event either side terminates this Agreement, permission for one party to use the other party’s Content and Intellectual Property shall be immediately rescinded (for the avoidance of any doubt this means in particular photos and videos), however, You acknowledge that any Content previously posted via the Service may have already been used by third parties (such as Facebook and/or Twitter etc) and posted on other sites and/or feeds – in such situations it is not possible and neither is it the responsibility of Jambo to ensure their take-down and/or deletion and Jambo assumes no liability whatsoever for the same.
10. Dispute Resolution
Should there be any dispute arising out of this Agreement the parties shall use every effort to agree to it informally, however, if that fails to resolve the matter then on the written request of any party it can be referred to an independent mediator, the identity of whom shall be agreed between the parties. In the event the mediator cannot be agreed by the parties within 14 days of one party’s written request to appoint a mediator, the London office of the International Centre for Dispute (“ICDR”) Resolution shall appoint a single independent mediator in accordance with the rules of the ICDR. The costs of the mediation shall be shared equally and the place of the conduct of the mediation shall be London. In the event that within a period of 30 days of the appointment of a mediator, the mediator is unable to resolve the dispute, the parties may submit the matter to the exclusive jurisdiction of the English Courts.
11. General, Applicable Law and Jurisdiction
No failure or delay on the part of Jambo relating to the exercise of any right, power, privilege or remedy provided under this Agreement shall operate as a waiver of such right, power, privilege or remedy or as a waiver of any proceeding or succeeding breach by the other party to this Agreement.
Jambo shall be under no liability to You in respect of anything, which notwithstanding this provision, may constitute a breach of this Agreement arising by reason of force majeure which includes Act of God and failure of third-party delivery agents.
This Agreement (which shall incorporate the Jambo privacy and other policies and/or procedures) contains the full and complete understanding between the parties and supersedes and replaces all prior arrangements, terms, representations and understandings whether written or oral relating to the subject matter of this Agreement and neither You nor Jambo shall be bound by any variation or addition to this Agreement unless agreed in writing and signed by duly authorised representatives from both sides.
If any parts of this Agreement are held to be invalid, the remaining parts of the Agreement will continue to be valid and enforceable. In the event of any inconsistency between the terms of this Agreement and/or any other third party terms and conditions, the terms of this Agreement shall prevail.
This Agreement and any disputes arising hereunder shall be governed by and construed in accordance with the laws of England and Wales and shall be subject to the exclusive jurisdiction of the English courts.