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Terms of Service

Terms of service

The Beach Towel Clip is 100% Manufactured & Distributed in the UNITED KINGDOM and is a REGISTERED DESIGN

Please read the following carefully as placing an order on this website means you are agreeing to our standard terms and conditions.

Any reference to “we” or “us” in these terms and conditions means JDM Designs ltd registered office Suite 1 Armcon Business Park, London Road South, Poynton Cheshire SK12 1LQ

We will supply the Goods to you under a contract deemed to incorporate these terms and conditions which shall prevail over any other document or communication we have with you.

Reference to working days in these Terms and Conditions shall mean Monday to Friday, not including bank holidays and public holidays.

What is to be provided to you by us

We and you have agreed that we will supply to you the Goods described on our website (“Goods”).  However, to the best of our knowledge the product descriptions on the site are accurate and up to date, but due to product development and designer specification changes, these may vary from time to time.  The images on our website are to assist with your selection and all sizes and weights are given as a guide only and are approximate.  Representations of colour are approximate due to the limitations of photographic and calibrations of different output devices.  A name given to a product colour is not necessarily representative of the colour.  We reserve the right to alter descriptions and specifications without prior notice. 

Acceptance of order

All orders submitted on our website are acknowledged by email immediately after their submission and are subject to our express acceptance in a second email which advises of cleared payment and delivery details.  It may not be possible for us to accept orders for certain items for delivery to certain addresses in the United Kingdom.  Your order through our website will only be accepted when we send you the second email confirming we have accepted your order (“Acceptance of Order E-mail”).  Until you receive that email there will not be a binding contract between you and us.  Any information on our website, or filling in details or clicking any button or icon indicating you are making an order does not, and is not intended to, constitute a binding contract between you and us.  Only on our sending the Acceptance of Order Email will we and you be entering into a binding contract.  We reserve the right to reject any order at our discretion.

Price and Payment (and VAT)

The price (inclusive of VAT) for the item is as stated on the Acceptance of Order Email.

You will need to make payment at the time you place your order.  Please note we will not be able to deliver the Goods until we have received payment by PayPal

Cancellation rights

You can cancel this contract within 7 working days of you receiving the Goods.  The 7 day period starts on the day after you receive the Goods.

If you wish to return the Goods, you must return them to us unused and in the original packaging.  You must pay the cost of returning the Goods to us.

To cancel the contract you will need to send a email to us. Contact Details below.  If you cancel the contract orally, you will need to confirm the oral cancellation in writing and send it to us by e-mail or post or personal deliver at the address as given below.

You will be unable to cancel the contract if the Goods are made to your specifications or are clearly personalised or by their very nature cannot be returned.

Contact Details

Our address is:

JDM Designs ltd
Suite 1
Armcon Business Park
London Road
Poynton
SK121LQ

Email: enquiries@thebeachtowelclip.com

Telephone: 0845 8338 188


Delivery

Postage and Packaging of the Goods are as detailed on the BUY NOW page of website; please note that the respective fees are all based on Royal Mail first class (UK) or Royal Mail Airmail (Europe and Rest of World) current rates (as at 1st June 2010) plus the costs of jiffy bag, shipping papers and the cost from our order distribution company.

Please note that the charges are clearly identified as UK, Europe and Rest of world (note that this presently EXCLUDES delivery to North America)

Please contact us via email at enquiries@thebeachtowelclip.com regarding sales enquiries for

Postage and Packaging charges are listed as single pack, up to 4 packs and 5 to 8 packs. This is based on unit weight and relative charges from Royal Mail. Enquiries for sales of 8+ packs contact us via email at enquiries@thebeachtowelclip.com

There are some rural areas on the UK mainland that may be subject to a higher delivery charge.

Most of our Goods are delivered by first class post in a jiffy bag and have been designed to fit through most letter boxes.  If no-one is at the delivery address when the package is delivered and there is a problem with posting the package, Clear details of this will be on the “sorry we missed you” card that will be left by the courier.

If the delivery address refuses delivery of the Goods or if you do not respond to the “sorry we missed you” card left by the courier, your order will be returned to us and we will then wait for you to contact us before we re-fund you your money after deducting the return postage costs.

We will only deliver your Goods to the shipping address given when completing the PayPal details.

Incorrect delivery details

If an incorrect delivery address has been given and another party has signed for the Goods, we will not be held responsible for any loss incurred as a result.


Re-delivery process

For larger Goods that are delivered by our courier, please ensure that you are able to accept delivery.  In the event of a failed delivery on the first attempt, arrangements will need to be made with us to re-deliver the product at your convenience.  However, this will incur an additional charge which will need to be agreed and paid for before the Goods are dispatched again.

When delivery will be made

If the Goods are in stock, our aim is to dispatch the Goods the next working day and in any event within 14 working days of acceptance of your order.  In some cases the Goods may not be in stock and you will be notified as soon as possible of the expected delivery dates with an option to cancel the order or wait for a delivery date to be given.  It will not always be possible to do this and you agree that we cannot guarantee we will deliver the Goods within 14 working days.  We will only dispatch Goods once we are satisfied of our ability to complete the order.

Any time or date for delivery stated by us in an e-mail or on our website shall be treated as an estimate only.  While every effort will be made to dispatch Goods within the timescale quoted, no liability can be accepted by us for failure to deliver within the quoted times or within any specific time period.  Time shall not be the essence in relation to delivery times and dates.

Limitation of liability

If the Goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing at our contact address within 10 working days of delivery of the Goods in question.

If you do not receive Goods ordered by you within 7 working days of the date of which you ordered them, or within the timescale we have specified in our Acceptance of Order Email, we shall have no liability to you unless you notify us in writing at our contact address (above) or email the above address of the problem within 10 working days of the date on which you ordered the Goods.

If you notify a problem to us under this condition, our only obligation will be, at your option:

(a) to make good any shortage or non-delivery;
(b) to replace or repair any Goods that are damaged or defective; or
(c) to refund to you the amount paid by you for the Goods in question in whatever way we choose.

Save as precluded by law, we will not be liable for you for any direct or indirect consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of a problem you notify us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the Goods in question under clause (c) above.


Not withstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you may have as a consumer under applicable local law or other statutory rights that may not be excluded nor in anyway to exclude or limit our liability to you for death or personal injury resulting from our negligence.

Guarantee

Most Goods are covered by the Manufacturers Guarantee, that the product is designed specifically for its purpose and no other the products use and limitations are clearly listed on this website.

The guarantees referred to in this paragraph do not cover customer misuse, abuse, neglect or accidental damage.  You should always follow and adhere to the manufacturers instructions that are detailed on this website and on the packaging.

You are responsible for the correct operation and maintenance of the Goods, indemnifying us for any damage, liability, costs caused by misuse or misunderstanding of the manufacturers instructions.

Returns for repair/inspection of used Goods

If a fault is believed to have occurred, the Goods may be subject to a manufacturers inspection at our discretion, to determine if the fault is a manufacturing or non manufacturing fault.  A copy of any report produced by the manufacturer if available will be made available to you at your request.   Some manufacturers may also charge a return inspection fee which you may be liable for in the event of a non manufacturing fault.  Inspections and repairs usually take between 7 to 10 working days including collection from and delivery to our premises.  In rare circumstances, possible delays will be notified as soon as possible - subject to spare parts being available at the time of repair.  It is your responsibility to return the Goods at your costs to us but no additional charges incurred for carriage to the manufacturer if the product is within the manufacturers guarantee period and the fault is one of the manufacturer.  A receipt is required for the proof of the purchase date.   If a fault is found then we shall refund the cost of you returning the Goods to us.

After 14 working days of delivery, if we receive a written complaint by email from you in respect of Goods found to be defective in respect of materials or workmanship, we, after a reasonable time to investigate the same and examine the Goods in dispute, shall be entitled at our option to repair or replace the defective Goods either via the manufacturer or from stock.  A charge will be levied or passed directly to you for any collections or deliveries/substitutes made. This will be advised in writing, via email, before any substitutes or replacements are authorised.  All manufacturers guarantees vary in respect of materials or workmanship and the periods for these guarantees can be provided to you at your specific request in writing by email.  Where possible, we will advise the manufacturer directly on behalf of you to arrange collection and/or replacement of any faulty items.

Complaints or Comments

If you have any complaints about the Goods or any aspect of the way we have dealt with your order please contact Jonathan Meare, either in writing to the address given above  under the paragraph headed “Contact Details” or by email to enquiries@thebeachtowelclip.com

If you wish to return items ordered or wish to cancel the contract, letters or other communication it should be addressed to Jonathan Meare, either in writing to the address given above  under the paragraph headed “Contact Details” or by email to enquiries@thebeachtowelclip.com

Entire Agreement

These terms and conditions, together with emails received by you relating to your order set out the whole of our agreement relating to the supply of Goods to you by us.  Nothing said by any sales person, agent, employee or director or other representative on our behalf should be understood as a variation of these terms and conditions and as an authorised representative by the nature or quality of any Goods offered for sale by us.  Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

Invalidity

If any part of these terms and conditions are not enforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

Force Majeure

In the event that we are prevented from carrying out our obligations as a result of any cause beyond our control such as but not limited to acts of god, war, strike, lockout, industrial action, fire, flood, drought, tempest or other event beyond our reasonable control we shall be released from our obligations and liabilities under the terms of our contract with you.

Law and Jurisdiction

The validity, construction and performance of this contract shall be governed by English law and shall be subject to the exclusive jurisdiction of English laws to which you and we submit.

Third Parties

For the purposes of the Contracts (Rights of Third Parties) Act 1999 this is not intended to, and does not, give any person who is not at party to it any right to enforce any of its provisions.

Private Policy
JDM Designs ltd is committed to protecting your privacy. We aim to safeguard the privacy of our users while providing the highest quality of service. Our systems collect addresses and buying information at the point of order so that we may process your order and provide you with the best possible service. We NEVER make names available to other companies and we never pass on credit card details or telephone numbers to third parties. Any personal information which we hold will be held securely in our internal database.

Payments
All payments for goods on this website are by PayPal.