Terms of service
General Terms of Sale [version dated June 12th, 2024]
For further information, please contact our Client Service team at +44 207 123 4567 (local rate).
1. These Terms
1.1 Scope: These terms and conditions govern the supply of products when you order via our website www.jkobain.com (our "Website") or by telephone through our Client Service team.
1.2 Importance: Please read these terms carefully before placing your order. They explain who we are, how we provide products, how to amend or end the contract, what to do if there is a problem, and other crucial information.
1.3 Amendments: We may revise these terms periodically by posting updated terms on our Website. The terms applicable to your order are those posted on the Website at the time of order placement.
2. Information About Us and How to Contact Us
2.1 Company Information: We are J Kobain Limited, registered in England and Wales under company number 01234567. Our registered office is at 1192, Stratford Road, Hall Green, Birmingham, United Kingdom, B28 8AB
2.2 Contact Information: You can reach us by phone at +44 207 123 4567, Monday to Saturday from 9.00 am to 7.00 pm, and Sunday from 9.00 am to 5.00 pm, excluding public holidays, or via email at support@jkobainlondon.com.
2.3 Communication: If we need to contact you, we will do so by phone or by writing to you at the email or postal address provided in your order.
2.4 Definition of "Writing": When we refer to "writing" or "written" in these terms, it includes emails and SMS.
3. Our Products
3.1 Product Information: Information about the range of products available via our telephone order service or through our website is accessible, along with product references, in all J Kobain stores and on our website.
3.2 Personalized Products: "Personalized Products" refers to any items made to your specifications or clearly personalized, such as custom engravings or bespoke apparel. Note that certain Personalized Products may be ordered via our website but not through our telephone order service.
3.3 Product Images: The images of products on our website are for illustrative purposes only. While we strive for accurate colour representation, we cannot guarantee that your device’s display will accurately reflect the product’s colours. Products may vary slightly from their images.
4. Placing Orders and Our Contract with You
4.1 Placing Orders: All orders are subject to availability and can be placed as follows:
4.1.1 By Telephone: Orders can be placed in English with our Client Service team by calling +44 207 123 4567 (local rate), Monday to Saturday from 9.00 am to 7.00 pm, and Sunday from 9.00 am to 5.00 pm, excluding public holidays.
4.1.2 Via Our Website: Orders can be placed through our website.
4.2 Delivery Area: We deliver worldwide.
4.3 Age Requirement: We only accept orders from customers aged 18 and over.
4.4 Consumer Sales: Our products are sold for personal use only and not for any business activity. We limit the quantity of products per transaction to ensure fair availability.
To ensure compliance with these restrictions, we process your purchase history. If non-compliance is detected, we may refuse further transactions for up to 2 years from your last purchase. You have the right to access, rectify, and delete your personal data, and to restrict or object to their processing by contacting us at info@jkobain.com. For more information, please read our privacy policy on our website or in stores.
4.5 Accuracy of Personalization Details: When ordering Personalized Products, you are responsible for ensuring the accuracy of the details provided. We cannot accept returns for Personalized Products.
4.6 Account Registration: When placing an order for the first time, you may either check out as a guest or create an account with us. Necessary details for telephone orders will be taken over the phone, while online orders follow the steps outlined on our website.
4.7 Order Acknowledgment: We will acknowledge receipt of your order by sending a confirmation email, but this does not constitute acceptance of your order. Your order is accepted only upon dispatch, confirmed by a dispatch email.
4.8 Order Acceptance: Our acceptance of your order occurs when we email you to confirm dispatch, at which point a contract is formed between you and us.
4.9 Order Rejection: If we cannot accept your order, we will inform you in writing and will not charge you for the product. This may occur due to stock unavailability, unexpected resource limits, errors in product description or pricing, or inability to meet your specified delivery deadline.
4.10 Order Number: An order number will be assigned and communicated to you upon order acceptance. Please reference this number when contacting us about your order.
5. Price and Payment
5.1 Product Pricing: The price of the product in pounds sterling (£), including VAT and, unless otherwise stated, delivery costs, will be as indicated on the order pages when you placed your order. We take all reasonable care to ensure the price is correct.
5.2 VAT Adjustments: If the VAT rate changes between your order date and the supply date, we will adjust the VAT rate you pay unless you have already paid in full before the VAT change takes effect.
5.3 No VAT Refunds: We do not provide VAT-refund services for orders placed on our website or by telephone.
5.4 Pricing Errors: Despite our efforts, some products may be incorrectly priced. If the correct price is higher than the stated price, we will contact you for instructions before accepting your order at the correct price. If we process your order with a clear pricing error, we may end the contract, refund you any sums paid, and require the return of any provided products.
5.5 Payment Methods: We accept payment by credit card (Visa, MasterCard, American Express) issued by EU banks, PayPal, and bank transfer (for EU domiciled accounts). Other payment methods may be introduced and will be notified on our website. Payments must be made in pounds sterling (£). For bank transfers, we will email you our bank details.
5.6 Payment Timing: Payment must be completed before dispatch. You will be debited once you place your order and it is accepted by us. We will inform you by email once products are dispatched.
5.7 Failed Payments: If your payment cannot be processed, your order will be cancelled, and the contract will end immediately. We will notify you in writing.
5.8 Security Measures:
5.8.1 Payments through our website are managed securely with relevant banking organisations which helps us manage payments, mitigate fraud, and secure payment data. Your personal information, including name, email, delivery details, phone number, order details, and payment information, will be used for fraud screening services as detailed in our Privacy Policy.
5.8.2 We validate your payment details against third-party databases to prevent unauthorized use of your credit, debit, or charge card. Personal information may be disclosed to a registered Credit Reference Agency, which may keep a record of that information. This is to confirm your identity; no credit check is performed, and your credit rating is unaffected.
5.8.3 If an order is deemed fraudulent or breaches these Terms of Sale, the sale will be cancelled immediately. Any sums already debited will be refunded within 14 business days after such notification.
6. Providing the Products
6.1 Delivery Costs: Delivery costs (if any) will be displayed on our website.
6.2 Delivery Times: Delivery times depend on the product:
6.2.1 Personalized Products: Personalized items will be delivered within 8-12 weeks from the date of cleared payment.
6.2.2 Other Products: During the order process, we will inform you of the delivery time, which will not exceed 30 days from order confirmation, subject to full payment.
6.3 Delays Outside Our Control: If supply is delayed by an event outside our control, we will notify you and take steps to minimize the effect. We are not liable for delays caused by such events. If there is a risk of substantial delay, you may contact us to end the contract and receive a refund for any products paid for but not received.
6.4 Click and Collect Service: If you choose to collect your order from one of our stores, you can do so after the date we notify you in writing, during the store's opening hours. Orders will be kept for 30 days; after this period, the contract will end, the products will be returned to us, and we will refund any sums paid, excluding delivery charges (except for Personalized Products).
6.5 Click & Collect ID Checks: For Click & Collect orders, the following checks ensure the order is collected by you or an authorized person:
6.5.1 Show the order delivery confirmation email, photographic ID (passport, Identity Card, or photocard driving license), and the payment card used.
6.5.2 If authorizing someone else, they must bring the delivery confirmation email, your photographic ID, their own ID, the payment card used, and a letter of authorization signed by you.
6.5.3 Will make and keep copies of all photographic IDs and take steps to keep your information secure.
6.6 Missed Deliveries: If no one is available to take delivery, you will be left a note to arrange redelivery or contacted by the courier.
6.7 Uncollected Deliveries: If you do not re-arrange delivery, your parcel will be returned to the warehouse, and you will be refunded.
6.8 Gift Deliveries:
6.8.1 You can arrange for products to be delivered to a third party, provided the delivery address meets our requirements.
6.8.2 For Click & Collect, the third party must provide the documents outlined in Clause 6.5.2.
6.9 Late Deliveries: You have legal rights if we deliver products late. If we miss the delivery or collection deadline, you may treat the contract as at an end if:
6.9.1 We have refused to deliver or make products available for collection.
6.9.2 Delivery or collection within the deadline was essential.
6.9.3 You informed us before we accepted your order that delivery or collection within the deadline was essential.
6.10 New Delivery Deadlines: If you do not wish to end the contract immediately, you can set a new reasonable delivery deadline. If we do not meet the new deadline, you can end the contract.
6.11 Ending the Contract for Late Delivery: You can cancel or reject the order for late-delivered products. We will refund any sums paid, including delivery. If products are delivered, we will collect them and pay the costs. Contact our Client Service team to arrange collection.
6.12 Damaged Products: Inspect products upon delivery. Report any damages within 24 hours. We will repair or replace lost or damaged products free of charge, provided:
6.12.1 You inform us in writing within 24 hours of delivery for damages or the notified delivery date for lost items.
6.12.2 You provide any receipts or documents related to the products and the original packaging with all accessories.
6.13 Responsibility for Products: You are responsible for the products once you or a person indicated by you acquires physical possession. For Click & Collect, responsibility transfers upon collection.
6.14 Ownership of Products: You own the products once:
6.14.1 We have received payment in full.
6.14.2 Products have been delivered or collected.
7. Exchanging Products
7.1 Exchange Policy: In addition to your legal rights and the right to change your mind we offer an exchange policy for delivered items, excluding Personalized Products. The conditions of this exchange policy are outlined in this clause.
7.2 Exchange Period: You may exchange items within 30 days after the delivery date (or the last delivery date if your products are split into multiple deliveries).
7.3 Return Conditions: Products must be returned in their original packaging, complete with any accessories, instruction booklets, labels, protective covers, and boxes, along with the original invoice and the Return Voucher. For perfume products, the seal covering the perfume box must remain intact for health protection and hygiene purposes. We will not accept products for exchange if they are incomplete, damaged, soiled, or returned without the original packaging and related items. Products should be handled with reasonable care. For shoes, we recommend trying them on a clean floor, such as a carpeted surface, to avoid altering the sole.
7.4 Exchange Methods:
7.4.1 Collection Service: Use our complimentary collection service. Note that no new delivery will occur until we have received the returned products.
7.5 Delivery of Exchanged Products: New deliveries of exchanged or replacement products will not occur until we have received the returned products. Upon exchange, the original contract ends, and your payment will be applied to the new product's price. If the new product is priced higher, you must pay the difference. If the product is priced lower, we will refund the difference (excluding any delivery charges) by the original payment method, except for in-store exchanges where only store credit is issued. Exchanges using our collection and delivery service are subject to these terms.
7.6 Non-Exchangable Items: Products received as a result of a prior exchange cannot be exchanged again.
7.7 Legal Rights: These terms do not affect your legal rights.
8. Your Rights to End the Contract
8.1 Contract Termination: You may end your contract with us under the conditions below. Your rights upon ending the contract depend on what you bought, any issues with it, our performance, and the timing of your decision.
8.1.1 Faulty or Misdescribed Products: If products are faulty or misdescribed, you may have a legal right to end the contract, get them repaired or replaced, or receive a full or partial refund (see Condition 11).
8.1.2 Our Actions or Announcements: You may end the contract if we have done something or announced something (see Condition 8.2).
8.1.3 Change of Mind: If you change your mind about the product, you may be eligible for a refund within the cooling-off period, subject to deductions (see Condition 8.4).
8.2 Ending the Contract Due to Our Actions: If you end the contract for a reason stated in Conditions 8.2.1 to 8.2.3, the contract ends immediately, and we will refund you in full for any unprovided products. You may also be entitled to compensation. Reasons include:
8.2.1 We informed you of an error in pricing or product description, and you do not wish to proceed.
8.2.2 There is a significant delay risk in product supply due to events outside our control.
8.2.3 You have a legal right to end the contract due to our wrongdoing (including late delivery, see Condition 6.11).
8.3 Exclusions from the Right to Change Your Mind: You do not have the right to change your mind for:
8.3.1 Personalized Products.
8.3.2 Perfume or other sealed products for health protection or hygiene purposes if unsealed after receipt. The seal on the perfume box must remain intact.
8.4 Change of Mind Period: For most online purchases, you have the right to change your mind within 14 days. To ensure customer satisfaction, we extend this to 30 days from the day you (or someone nominated by you) receive the products. For products delivered in multiple shipments, you have until 30 days after the last delivery to change your mind.
9. How to End the Contract with Us
9.1 Notifying Us: To end the contract, notify us via:
9.1.1 Phone or Email: Call our Client Service team at +44 207 123 4567, Monday to Saturday from 9.00 am to 7.00 pm, and Sunday from 9.00 am to 5.00 pm, excluding public holidays, or email us, or go to the My Orders tab of your account on the Website. Provide your name, home address, order details, and, if available, your phone number and email address.
9.1.2 Post: Print off the cancellation form and post it to us at the address on the form, or simply write to us with your order details, including what you bought, when you ordered or received it, and your name and address.
9.2 Gift Service: Only the purchaser can end the contract, not the gift recipient.
9.3 Returning Products:
9.3.1 If you end the contract for any reason after products have been dispatched or received, we provide a complimentary collection service. Allow us to collect the item(s) from your preferred UK address. Contact our Client Service team to arrange collection.
9.3.2 You may also return products to our stores within the United Kingdom
9.3.3 Request a return via your account on the Website. For UPS deliveries, activate the pre-paid return label in your parcel by registering your return. Place the items in the original shipping box or a suitable box, cover the original address label with the pre-paid return label, seal the parcel, and drop it off at any UPS store or pick-up location in the UK.
9.3.4 Products must be returned in original packaging with all accessories, instruction booklets, labels, protective covers, boxes, the completed Return Voucher, and the original invoice. Products must be in resellable condition. We will not accept damaged or soiled products. For perfume products, the seal covering the perfume box must remain intact.
9.4 Return Costs: We will cover return costs if:
9.4.1 The products are faulty or misdescribed.
9.4.2 You end the contract due to an error in pricing or description, delivery delay due to events outside our control, or a legal right to do so due to our wrongdoing.
9.4.3 You exercise your right to change your mind using our complimentary collection or pre-paid return label service. In all other cases, you must pay return costs.
9.5 Refund Process: Refunds will be made using the original payment method and will include delivery costs, with possible deductions as described below.
9.6 Refund Deductions for Change of Mind: If you change your mind:
9.6.1 We may reduce your refund (excluding delivery costs) if product value is diminished due to handling beyond what is permitted in a shop. For shoes, try them on a clean floor, such as a carpeted surface. Swimsuits must be tried on over clean underwear, keeping the sanitary protection label intact. Refund reductions may equal the full price if returned products do not meet our high standards. If we refund before inspecting the products and later find unacceptable handling, you must pay an appropriate amount.
9.6.2 As standard delivery is complimentary, delivery costs will not be refunded if you opted for Express or Premium delivery.
9.7 Refund Timing: Refunds will be made as soon as possible. For change of mind, refunds will be made within 14 days of notification, provided collection was permitted or evidence of dispatch is shown if the collection service was not used.
10. Our Rights to End the Contract
10.1 Contract Termination by Us: We may end the contract for a product at any time by writing to you if:
10.1.1 You do not make any payment to us when it is due.
10.1.2 You do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
10.2 Compensation for Breach: If we end the contract in the situations outlined in Condition 10.1, we will refund any money you have paid in advance for products we have not provided. However, we may deduct or charge you reasonable compensation for the net costs incurred as a result of your breach of contract.
11. If There Is a Problem with the Product
11.1 Reporting Problems: If you have any questions or complaints about the product, please contact us. You can call our Client Service Team or email us.
11.2 Legal Rights: We are legally obligated to supply products that conform to this contract. Nothing in these terms will affect your legal rights.
11.3 Returning Rejected Products: If you wish to exercise your legal rights to reject products, you must allow us to collect them from you. We will cover the costs of collection. Please call our Client Service Team or email us to arrange collection.
12. Our Responsibility for Loss or Damage Suffered by You
12.1 Foreseeable Loss and Damage: 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 this contract or our failure to use reasonable care and skill. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
12.2 Unlimited Liability: We do not exclude or limit 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 under the Consumer Protection Act 1987.
12.3 Business Losses: We only supply products for domestic and private use. If you use the products for any commercial, business, or resale purpose, we will not be liable to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13. Other Important Terms
13.1 Third-Party Rights: This contract is between you and us. No other person shall have any rights to enforce any of its terms.
13.2 Severability: If any court or relevant authority decides that any part of this contract is unlawful, the remaining paragraphs will remain in full force and effect.
13.3 Delay in Enforcement: If we do not insist immediately that you do anything required under these terms, or if we delay in taking steps against you regarding your breach of this contract, that will not mean that you do not have to do those things and it will not prevent us from taking steps against you at a later date. For example, if you miss a payment and we do not chase you but continue to provide the products, we can still require you to make the payment at a later date.
13.4 Governing Law and Jurisdiction: 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.
13.5 Alternative Dispute Resolution: Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it without the need to go to court. If you are not satisfied with how we have handled any complaint, you can submit a complaint for online resolution to the European Commission Online Dispute Resolution platform.
