Section 1. GENERAL REMARKS
1.1. This website (hereinafter the « Website ») is published by JOSH BIRCH JONES (hereinafter the « JOSH »), registered at the Chamber of Commerce under Designed By Josh, and the website / webstore https://www.joshbirchjones.com, with its head office in 3, ENTERPRISE HOUSE, 8 Essex Road, Dartford DA1 Its website is available on www.JOSHBIRCHJONES.com. Its Customer service is available by email at firstname.lastname@example.org.
1.2. Access to the Website and the use of its contents is subject to the conditions set out below. accessing the Website, the visitor is deemed to have irrevocably accepted these terms and conditions and to have agreed by to abide by them. If the visitor does not accept these terms, its only remedy is to discontinue use of the Website.
1.3. This Website and all its materials, text, code, content, software, graphics, photographs, illustrations and links contained in it or linked to it (together, hereinafter the « Content ») are protected by copyrights, trademarks and other intellectual property rights owned by or licensed to JOSH.
1.4. Anyone accessing this Website is entitled to view any part of it for private and personal use. However, Content must not be used or reproduced (in whole or in part) for any other purpose, including, without limitation, on or in connection with any other website or publication, or for direct commercial gain.
Section 2. TERMS & CONDITIONS
2.1. This document, together with the additional information available on the Website constitutes the Terms & Conditions (hereinafter the « T&C ») in force between the user of the Website (hereinafter the « Customer ») and JOSH (hereinafter collectively the « Parties »). It governs the contractual relationship between the Parties in relation with any purchase made on or through the Website (hereinafter the « Transaction »).
2.2. At the time of verification of his/her order by checking the box provided for this purpose and clicking the “Complete Order and Pay” button, the Customer hereby states that he/she fully and unconditionally accepts these T&C.
2.3. Please carefully read the T&C before proceeding to any Transaction through the Website. The Customer is bound by the version of the T&C that is in force at the time Customer submit an online form (hereinafter the « Form ») confirming Customer’s intent to order products on the Website (hereinafter the « Order »).
2.4. Please refrain from using the Website, its Services or accessing it if you do not agree to the present T&C.
2.5. These T&C may change from time to time, without prior notice. Customer commit to regularly read these T&C to remain informed of their latest amendments. Pending Orders will always be governed by the T&C Customer approved at the time of ordering.
Section 3. OPERATION OF THE WEBSITE
3.1. The Website is a secure online platform that allows the Customer to place an order online and receive by mail the articles or goods offered for sale on the Website (hereinafter the « Product(s) »).
3.2. JOSH does not guarantee that the Website, or any content on it, will always be available or that access will always be uninterrupted. Access to the JOSH Website is permitted on a temporary basis. JOSH reserves the right to suspend, withdraw, discontinue, or alter all or any part of the Website at any time as it sees fit without notice. JOSH shall not be liable for any reason due to which the Website is unavailable at any time or for any period.
3.3. JOSH undertakes to provide adequate descriptions and visual representations of the products presented on the Website.
Section 4. CHARACTERISTICS OF PRODUCTS
4.1. The Products displayed on the Website are offered for sale to consumers only. By placing an Order on the Website, the Customer warrants that he/she will use the Product for his/her personal use only.
4.2. The purchase of the Products on the Website is only permitted by individuals who are eighteen (18) and over unless he/she has authorization from a parent or legal guardian of such individual.
4.3. The authoritative description of the Products is the description published on the Website at the time of the Order. Images of the Products are provided for information purposes only and shall not be representative of the characteristics of the Products, with respect to general appearance, colour, or any other characteristic.
Section 5. PACKAGING
5.1. All orders placed on the Website are sent with their original accessories, depending on the type of product), and carefully packed.
Section 6. PRICE
6.1. All prices on the Website are indicated in the applicable currency and include VAT and exclude applicable Taxes according to the Territory’s billing and delivery addresses.
6.2. Shipment and delivery fees are not included, unless stated otherwise during the purchase process. Shipping costs are dependent upon the shipping destination and the type of delivery selected during the purchase procedure. Shipping costs will be on the order checkout page, in the Order Confirmation.
6.3. JOSH is committed to having correct pricing information on the website but cannot guarantee that no errors occur. If the price of a product is incorrect, JOSH will provide the Customer the option to order the product at the correct price or to cancel the order. If JOSH fails to contact the Customer, the order will be considered cancelled.
Section 7. AVAILABILITY OF PRODUCTS
7.1. The Products that can be purchased on the Website are JOSH’s. All Products are supplied according to their availability at the time of the Order. Items in the Customer’s shopping cart are not reserved and may be purchased by other Customers until the confirmation of the Order.
Section 8. ORDER
8.1. To purchase a Product, the Customer shall follow the instructions as they appear on the website.
8.2. To place an Order, the Customer must create an online account, then select the Product(s) of interest, the colour and the size. The Product(s) selected for purchase will be added to the Customer’s shopping cart.
8.3. After reading and accepting the shipping expenses, the T&C, and the general cancellation policy, the Customer determines the means of payment that will be used to complete the Transaction with the “Complete Order and Pay” button.
8.4. All changes or alterations to the data in the order can be made directly on the Website as long as the order is not completed yet.
8.5. JOSH reserves the right to reject or cancel an order, without being liable for any damages or costs in (among others) the following situations:
8.5.1. The Product is not available, or the Product is out of stock;
8.5.2. The order is flagged by JOSH’s security systems as an unusual order or an order susceptible to fraud;
8.5.3. The Customer’s billing information is not correct or not verifiable;
8.5.4. JOSH has reason to believe the Customer is a reseller;
8.5.5. There was an error in the price displayed on the Website;
8.5.6. JOSH cannot deliver to the shipping address provided by the Customer. In such an event the Customer will be informed by email and any payments with respect to the order will be refunded.
Section 9. PURCHASE AGREEMENT
9.1. The purchase agreement entered by the Parties, is considered closed and the Parties are duly contracted at the time the Customer’s Order properly passes, in accordance with the purchase procedure as mentioned on the Website and after JOSH has received the confirmation of the payment. The Order that has been received by JOSH is only binding if the entire purchase procedure has been followed properly and correctly, without any errors on the Website. JOSH is not responsible for any errors caused by a technical failure due to the internet connection of the Customer.
9.2. JOSH may obtain information – within statutory frameworks – about the Customer’s ability to fulfill his payment obligations, as well as about facts and factors that are important for the responsible conclusion of the Agreement.
9.3. By placing his/her Order on the Website, the Customer acknowledges and confirms that he/she is aware of the instructions in the purchasing process, he/she has accepted them, and he/she fully agrees to the terms hereof.
9.4. Subject to the acceptance of the Customer’s Order, JOSH will send the Customer a confirmation of the conclusion of the Transaction to the email address that he/she provided when placing the Order. This email will contain JOSH’s contact information, a summary of the Order, the price of the Products, the date and time of the Order, the shipping fees, the taxes, and the means of payment chosen by the Customer.
9.5. Since the Customer places an Order in accordance with article 4.2, JOSH is not obliged to issue an invoice that complies with local legislation.
9.6. The Customer is advised to check the content of the e-mail thoroughly and should immediately notify JOSH in the event of any errors or mistakes.
Section 10. PAYMENT
10.1. Customers can pay for the Products and corresponding delivery costs by credit card (VISA, MasterCard, American Express), PayPal, and bank transfer.
10.2. Transactions are charged to the Customer’s credit card after checking all the data and upon receipt of the authorization provided by the issuing company and upon acceptance of the Order by JOSH.
10.3. All costs regarding bank transfer (including bank charges) are for the Customer and shall not be refunded in the event of a return of the product.
10.4. In the event that of a failure to debit amounts from the client, the Transaction will be stopped, and the sale cancelled.
Section 11. SHIPPING AND DELIVERY
11.1. The ordered Product(s) will be shipped to the Customer within 1-3 business days, between Monday and Friday, excluding local, national, and public holidays, after the confirmation of the order. JOSH will send the Customer, upon shipment of Order, a further confirmation email.
11.2. The shipping and delivery terms indicated in these T&C, on the Website or otherwise communicated by JOSH are indicative and not guaranteed. If JOSH is unable to meet the (estimated) shipping date, JOSH will notify the Customer accordingly. JOSH shall not be liable for any damages and costs arising out or in connection with delayed delivery. However, JOSH strives to deliver the ordered Product(s), except in cases of force majeure, within a maximum period of thirty (30) days after the Customer has placed his/her order on the website. Unless the waiting time is otherwise indicated on the Website or confirmation email.
11.3. The Product(s) purchased on the Website will be delivered exclusively to the address indicated on the credit card for security reasons, unless indicated otherwise by the Customer. Deliveries cannot be delivered to PO Boxes; these orders will not be processed.
11.4. If the shipping address is located outside the European Union, the Customer shall be responsible for assuring that the ordered Product(s) can be lawfully imported. Moreover, JOSH is not responsible for custom clearance fees.
11.5. For the delivery of the Product(s), the Customer, or his/her authorized person needs to be at the address as indicated in the order. For security reasons the recipient’s signature is required. If the courier offers the delivery to the Customer, the Customer must verify that the packaging is not damaged, wet or has any other damage. All damage to the packaging, must be reported immediately by written note on the delivery documents from the courier company. Once the Customer has signed the transport document of the courier company and no objection has been raised by the Customer, he/she may not object to the external characteristics of the delivered goods.
11.6. The shipping and delivery costs are the responsibility of the Customer and are indicated on the Form. The shipping and delivery expenses will be based on the destination and the nature of the requested shipping method.
11.7. In the event that JOSH is not able to deliver the goods, because of sudden or temporary unavailability of the products, JOSH shall notify the Customer of this without undue delay and in any event within thirty (30) days by email. The amount paid by the Customer will be refunded as soon as possible and in any case within thirty (30) days.
11.8. JOSH retains the full and unconditional ownership of the ordered Product until the Product as well as all other claims of JOSH vis-à-vis the Customer are paid in full. The Customer shall in no event have a right of retention with regard to the Product. JOSH is entitled to repossess the Product if the Customer fails to fulfill any of its obligations under the Agreement and/or if JOSH infers from the Customer’s behavior or communication that he/she will fail to fulfill any of its obligations under the Agreement.
11.9. All risks in connection with the Product shall pass to the Customer when the Product is delivered at the shipping address specified in the Order. If the Customer refuses or fails to take and/or accept delivery of the ordered Product, the Customer will be charged the actual costs of shipping the Product back to JOSH.
11.10. Please note that all orders are subject to verifications – in particular the billing and shipping addresses and the means of payment. JOSH reserves all rights to request additional identification information, if necessary. Such verifications can extend the delivery time for up to two (2) additional business days.
Section 12. RETURNS
12.1. The Customer has the right to withdraw from the Agreement and can return the purchased Product(s) within thirty (30) calendar days without giving any reason. The withdrawal period will expire after thirty (30) calendar days from the day on which the Customer (or a third party indicated by the Customer other than the carrier) acquires physical possession of the ordered Product. Each delivery contains simple instructions to return the products.
12.2. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the Customer.
12.3. Products must be returned in a saleable condition meaning that they must be unused with all delivered accessories and in their original packaging with garment tags and any other security devices or seals still attached and intact.
o Place the original box(es), the printed return form and the original a shipping parcel.
o Close properly the shipping parcel.
o In addition, Customers agree to take particular care when packing the Product to be returned.
12.4. JOSH reserves the right to consider the condition of any Product that you wish to return and make any deductions if there are indications that the Product, its tags, security devices or seals have been used, removed, broken or tampered with. Service for damaged Products by the fault of Customer is not covered by the warranty and JOSH cannot be held responsible.
12.5. Online orders cannot be returned at retailers and vice versa.
12.6. To exercise the right of withdrawal, the Customer must inform JOSH of his decision to withdraw from the Agreement by filling out the JOSH Return Form on the Website within the withdrawal period. To meet the withdrawal deadline, it is sufficient for the Customer to fill out the Return Form before the withdrawal period has expired.
12.7. During the withdrawal period, the Customer shall handle and inspect the Product and the packaging with care, in the same manner as the Customer would be allowed to do in a retail shop. The Customer shall only unpack or use the Product to the extent necessary to establish the nature, the characteristics, and the functioning of the Product. The Customer shall be liable for any diminished value of the Product resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Product.
12.8. If the Customer exercises its right of withdrawal, he/she will return the Product to JOSH at its own risk and expense, without undue delay and in any event no later than fourteen (14) calendar days from the day on which the Customer (or a third party indicated by the Customer other than the carrier) acquired physical possession of the ordered Product.
12.9. Following receipt of Customer Products in return, and provided that the return conditions are met, JOSH shall notify the Customer by email that the refund of Customer Order is being processed. JOSH will reimburse the relevant payments received from the Customer, excluding the costs of return, without undue delay and in any event not later than thirty (30) calendar days from the day on which JOSH has received the Product back. JOSH will carry out such reimbursement using the same means of payment as the Customer used for the initial transaction. In case Client has chosen for a more expensive shipping method rather than the offered cheapest, JOSH will not refund the surplus of the more expensive method.
12.10. JOSH is entitled to refuse to accept a returned Product and the reimbursement of payments if the Customer does not comply with the instructions of this clause.
12.11. All shipping costs for returning the products are to be paid by the Customer. The costs incurred by the Customer in connection with returning the products, will not be refunded.
12.12. For returning the products JOSH recommends a delivery company that provides a tracking number to track the shipment. JOSH cannot be held responsible for any refund or reimbursement of products that have been lost, stolen or damaged.
12.13. The customer must return the product insured and registered. JOSH is not liable for a missing package.
Section 13. COMPLAINTS
13.1. JOSH wishes to point out that the Customer can rely upon the legal guarantee of conformity. The Customer is obliged to closely examine the delivered Product upon the day on which he/she (or a third party indicated by the Consumer other than the carrier) acquires physical possession of the Product.
13.2. The Customer shall inform JOSH of any complaints about defects and/or non-compliance with the specifications of the delivered Product, including but not limited to complaints in respect of visible defects and/or damages of the Product and/or the color of the Product. Any complaints shall be sent in writing to the following email address: service@JOSHthebrand.com The email shall contain a clear description of the complaint, the Customer’s name, the order number included in the order confirmation and the article number of the Product and shall be sent within a reasonable time after the discovery of the defects, but in any case, no later than two (2) weeks after the discovery of the defects.
13.3. Complaints submitted to JOSH will be replied to within a period between five (5) and ten (10) Business Days, from the date of receipt of the complaint. The Consumer shall give JOSH all such assistance as JOSH may require for the purpose of examining the complaint. JOSH is only obliged to take complaints into consideration if JOSH is given the opportunity to verify the complaint.
13.4. In the event of a timely, correct, and justified complaint in accordance with this clause, the Customer shall be entitled to either replacement or repair of the defective or non-conforming Product, or an appropriate refund of the purchase price of the Product.
13.5. The Customer shall return the defective or non-conforming Product in its entirety to JOSH. The return costs are initially for the account of the Customer. If the returned Product(s) are later confirmed to have a fault – whether major or minor – JOSH will refund reasonable postage costs to the Customer.
13.6. The defective or non-conforming Product shall become JOSH’s property as soon as it has been replaced or refunded.
13.7. JOSH reserves the right to refuse to follow up on a late claim, a claim relating to a defect for which the Customer is responsible, or which derives from the nature of the Product (certain Products might have some uneven parts and/or irregularities which are parts of the manufacturing process or correspond to the material used).
13.8. A complaint that does not meet the requirements set out in this clause, shall not be taken into consideration by JOSH, the Product shall be deemed to have no defects and conform to the specifications and does not release the Customer from any of its obligations under the Agreement.
Section 14. GUARANTEE OF AUTHENTICITY
14.1. JOSH guarantees the authenticity of all products purchased on the website. Products that carry the JOSH label are made by the best craftsmen, with the finest materials, and are thus of outstanding craftsmanship.
14.2. The original JOSH products are currently sold exclusively through the website https:www.JOSHBIRCHJONES.com
14.3. JOSH cannot warrant that the goods purchased from other sources will not be counterfeit, tampered with, second-hand or from dubious origins.
Section 15. FORCE MAJEURE AND ACCURATENESS OF INFORMATION
15.1. In the event that, as a consequence of force majeure and/or default by one of JOSH’s suppliers, JOSH is prevented from fulfilling its obligations to the Customer, such obligation shall be suspended for the duration of the event of the force majeure and/or default by one of JOSH’s suppliers, the Customer shall not be entitled to any compensation whatsoever.
15.2. In the event that the force majeure and/or default by one of JOSH’s suppliers extends or reasonably expected by JOSH to extend for a period of three (3) consecutive months, JOSH shall be entitled to cancel the affected Agreement without any liability towards the Customer.
15.3. JOSH is committed to having up-to-date information on the website. JOSH cannot guarantee that the website is absolutely flawless. There may appear typos, mistakes or inaccuracies on the website, some of which may relate to the price of the product, the product availability and/or the particulars of the products. JOSH reserves the right to correct the errors and inaccuracies, even after the order has been confirmed and furthermore reserves the right to alter information on the website at any time without prior notice.
Section 16. SECURITY OF ELECTRONIC DATA TRANSFER
16.1. JOSH undertakes to maintain at all times the highest standards of security. Not only the Website does use SSL (Secure Socket Layer) encryption, but it is also reinforced with all of the various existing encryption processes in order to provide the most effective protection possible for all sensitive payment information. JOSH does not have any access to confidential information about the means of payment. Indeed, only its banking partner has access to confidential information (card number, validity date, secret code) and these pieces of information cannot be reached by any other third party.”
Section 17. USER ACCOUNT
17.1. Customer may register on the Website to obtain a personal account (a “User Account”).
17.2. Customer User Account allows the Customer to obtain the following benefits:
- Make a purchase on the website
- Check the status of Customer orders
- Review Customer previous orders
- Modify Customer account information
- Change Customer password
- Add alternative delivery addresses (for Customer family and friends)
- Sign up for JOSH’s newsletters
17.3. Upon registration, Customer agrees, and undertake:
- to provide only true, current, complete and accurate information, as requested in the registration form or any other forms from the Site;
- to maintain and update the information provided to JOSH;
- to maintain the confidentiality of Customer username and password, and
- to accept full liability with respect to any activity related to the use of Customer username and password.
17.4. Customer is responsible for any loss, expense, damage and any additional costs resulting from the disclosure of false, incorrect or incomplete information from Customer, or Customer failure to update the information provided at the time of registration or at any other time during Customer use of the Website and/or of its Services.
Section 18. PRIVACY
Section 19. GOVERNING LAW AND JURISDICTION
19.1. These General Terms and Conditions and any Agreement shall be exclusively governed by and constructed in accordance with the laws of the UK, excluding any conflict of law rules under UK private international law and the applicability of the United Nations Convention on Contracts for the International Sale of Good (Vienna Convention of 1980).
19.2. The competent court in the UK shall have exclusive jurisdiction to settle any dispute arising out of or in connection with these General Terms and Conditions and/or any Agreement without prejudice to the right of appeal and that of appeal to the Supreme Court.
Section 20. CONTACT INFORMATION