Important Legal Notice
Version: March 2018
This page (together with the documents referred to on it) sets out the terms and conditions (“conditions”) upon which we supply any of the goods (“goods”) listed on the John Smedley web shop to consumers. Please read these conditions carefully before ordering any goods from the John Smedley Online Store.
In ordering any goods from the Online Store "you" as the consumer purchasing goods agree to be bound by these conditions. When ordering, at the checkout, please tick the box by the link to these conditions if you accept them. Please understand that if you refuse to accept the conditions, you will not be able to order any goods from the website.
We amend these terms from time to time. Please look at the top of the page to see when these terms were last updated. The terms in force at the time of your order will apply.
You should print a copy of these conditions for future reference
- INFORMATION ABOUT US
www.johnsmedley.com ("website") is a site operated by John Smedley Limited. We are registered in England with company number 00040000 and with our registered address at Lea Mills, Matlock, Derbyshire DE4 5AG. Our VAT number is GB 125 6154 85
- SERVICE AVAILABILITY
Our site is only intended for use by people resident in the Serviced Countries. We do not accept orders from individuals outside those countries. Some restrictions are placed on the extent to which we accept orders from specific countries. These restrictions can be found on the Sage Pay blocked countries page. Please review the Sage Pay blocked countries page before ordering Products from us.
- YOUR STATUS
By placing an order through our website, you warrant that:
- 3.1 you are legally capable of entering into binding contracts; and
- 3.2 you are at least 18 years old; and
- 3.3 you are not impersonating any person or misrepresenting your identity; and
- 3.4 you are resident in one of our Serviced Countries; and
- 3.5 you are accessing our site from that services country; and
- 3.6 you are purchasing the goods as a consumer. If you wish to purchase any goods for business purposes then you should contact us at email@example.com.
- OPENING HOURS
- 4.1 You may place orders online at any time; order processing will take place during week day working hours (Monday to Friday excluding UK public holidays and company shutdowns).
- 4.2 If you require a list of company shutdown dates, please contact us at firstname.lastname@example.org.
- HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
- 5.1 The contract for the sale of the goods by us to you ("contract") will only be formed in accordance with this condition. These conditions apply to the sale by us to you of all and any goods purchased through the website or by telephone and govern each contract to the exclusion of any other terms and conditions introduced or submitted by you.
- 5.2 How to use the Online Store
The John Smedley Online Store comprises various categories for quick navigation. Select the appropriate category by clicking on the menu situated at the top, then click on any garment image within the category to see a larger image, full description, price and size/colour options. Then select the colour, size and quantity of the goods you require.
ADD TO BASKET: clicking on this button allows you to begin the purchasing process. The goods will then be placed into your shopping basket.
BASKET: allows you to check or amend the contents of your shopping basket.
CHECKOUT: The checkout screen will confirm those items in your basket ready to be purchased. You will be invited to review and accept the conditions by ticking the box alongside the link to our conditions in order to proceed to place an order. Once complete click on PLACE ORDER to enter a secure environment where you will be asked for relevant payment details.
- 5.3 After placing an order through the website and once payment is authorised, you will receive an e-mail from us acknowledging that we have received your order and comprising a description of the goods, the price of the goods, the delivery costs (where applicable) and your unique order number for reference. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy the goods. All orders (whether through the website or by telephone are subject to acceptance by us. We will confirm such acceptance to you by sending you a further email that confirms that the goods have been despatched (the "Despatch Confirmation") and the contract will only be formed when we send you a Despatch Confirmation.
- 5.4 The contract will relate only to goods whose despatch we have confirmed in the Despatch Confirmation. We will not be obliged to supply any other goods which may have been part of your order until the despatch of such goods has been confirmed in a separate Despatch Confirmation.
- 5.5 Any descriptions or illustrations of the goods do not form part of the contract and any typographical error or omission in any sales literature, quotation, price list, e-mail confirmation, invoice or other document or information issued by us are subject to correction without any liability on our part.
- 5.6 Any advice or recommendation given by us to you as to the storage, application or use of the goods which is not confirmed in writing by us is followed or acted upon entirely at your own risk.
- 5.7 You will take responsibility for retaining a copy of any e-mail confirmation received in accordance with condition above.
- STOCK AVAILABILITY
Whilst every effort is taken to ensure all items are in supply, occasionally some items may be temporarily out of stock. Orders can only be accepted subject to availability of the goods in question. In the unlikely event of an item being unavailable at the time of despatch we will advise you immediately by notice in writing (including by email), offer you alternative goods or colour or refund accordingly.
- COLOURS AND SIZES
- 7.1 Whilst every reasonable care has been taken in producing the John Smedley Online Store, we cannot guarantee that the colour reproduction is an exact match with the goods sent to you. Different displays and settings mean that slight variations may occur.
- 7.2 Whilst we endeavour to be as accurate as possible, all sizes quoted are approximate.
- PRICE AND PAYMENT
- 8.1 Payments must be made when you place an order. John Smedley payment pages are held on Sage Pay secure servers or PayPal secure servers. We do not deal with, or on telephone orders, we do not retain any of, your credit card information. Sage Pay or PayPal; will carry out the necessary payment verification processes and we will check your contact details and availability of the goods on receipt of your order. If we are unable to supply any goods for any reason, we will inform you as soon as possible and we will provide you with a refund for these goods within 14 days.
- 8.2 The price to be paid by you is the price displayed on the website at the time when your order is received by us except in cases of obvious error.
- 8.3 If we discover an error in the price of the goods ordered by you, we will notify you as soon as possible providing you with the option of either reconfirming the order at the correct price or cancelling the order. If we are unable to contact you for the purposes of this condition 8.3, the order will be deemed cancelled and where you have already made payment for the goods this will be refunded in full.
- 8.4 We are under no obligation to provide goods to you at an incorrect (lower) price, even after we have issued a Despatch Confirmation if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
- 8.5 We accept multiple payment methods, outlined on our payment help page. Only if your payment has been authorised will your payment account be debited. You will receive confirmation of payment and your unique order number via email. If your payment is not authorised, you may be given the opportunity to try again or use a different payment method. No payment will be deemed to have been received until we have received cleared funds. Payment may be charged before we despatch your order.
- 8.6 The prices for the goods are inclusive of any value added tax, for those customers where tax is applicable. Prices do not include delivery charges unless expressly stated otherwise.
- 8.7 John Smedley Ltd. reserves the right to apply market specific pricing lists across our range of products. Products may be priced in any currency that we deem fit.
We will use reasonable endeavours to ensure the goods are appropriately packaged prior to despatch but the packaging of the goods is at our discretion and we have the right to pack all the goods in such manner, and in such quantities as we think fit and we are not obliged to comply with any packaging requests or instructions from you.
- 10.1 Unless otherwise agreed, we will deliver the goods to the delivery address provided to us by you at the time of order. If it is more convenient for you to have goods delivered to a workplace or any other suitable location, please give us this information when you will complete order delivery details.
- 10.2 Delivery Charges
Our delivery charges are specific to the store you are shopping in. Please visit our Delivery Help page to view the charges that are relevant.
- 10.3 UK Delivery Times
We will use reasonable endeavours to deliver the goods within 4 working days of your payment. Within the UK goods are guaranteed for delivery via our chosen courier the next working day following despatch. PLEASE NOTE this is following despatch and not from the time of order placement. In any event, if we cannot fulfil your order within 14 days of your payment we will notify you of this situation and you will be entitled to a refund if you do not wish to wait any longer for the goods.
- 10.4 International Delivery Times
For international orders, transit time will vary accordingly to destination; generally delivery should be made within 5 days of despatch, although customers should allow up to 14 working days for goods to arrive after despatch from John Smedley. John Smedley ask international customers to note that we cannot be held responsible for delays in transit caused by customs and import procedures.
- 10.5 Any delivery dates given by John Smedley Ltd. are estimates only. Time of delivery is not of the essence of the contract.
- 10.6 Subject to the other provisions of these conditions, we will not be liable to you for any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the goods (even if caused by our negligence), nor will any delay entitle you to terminate or rescind the contract unless such delay exceeds 90 days.
- 10.7 If for any reason you fail to accept delivery of any of the goods when they are ready for delivery, or we are unable to deliver the goods on time because you have not provided appropriate instructions, documents, licences or authorisations:
- risk in the goods will pass to you (including for loss or damage caused by our negligence);
- the goods will be deemed to have been delivered; and
- we may store the goods until delivery, whereupon you shall be liable for all related costs and expenses (including, without limitation, storage and insurance).
- 10.8 We may deliver the goods to you by separate instalments. Each instalment is a separate contract and no cancellation or termination of any one contract relating to an instalment shall entitle you to cancel any other contract or instalment.
- 10.9 It is your responsibility to check the goods for any damage and that they are what you ordered upon receipt and you must inform us of such damage within 14 days of delivery. If you fail to inform us of any such damage, you are deemed to have accepted the goods.
- 11.1 The goods will be at your risk from the time of delivery (or deemed delivery).
- 11.2 Ownership of the goods will pass to you when we have received payment for the goods from you in full and the goods have been delivered to you
- CONSUMER RIGHTS
- 12.1 If you are an EU based consumer you are legally entitled to cancel the contract at any time within fourteen working days beginning on the day after you receive the goods under the Consumer Contracts Regulations. In the event that the contract is cancelled in this way within the cooling-off period you will receive a full refund of the price paid for the goods in accordance with our returns and refund policy set out in condition 14
- 12.2 In order to exercise your right of cancellation you must provide us with written notice by email of your cancellation within the cooling-off period. The goods must then be returned to us in accordance with condition 14.2. You have a legal obligation to take reasonable care of the goods while they are in your possession. If you fail to do so, we may have a right of action against you for compensation.
- 12.3 You shall not have any right to cancel a contract for the supply of any goods which are personalised or made for your specification in any way. Due to the intimate nature and hygienic standards of certain John Smedley items, we adopt a special policy regarding the return of underwear garments.
- 12.4 You will be entitled to reject any goods within six months of delivery if it becomes apparent during this time that the goods did not conform with their description in the contract when they were delivered to you. Unless we are able to demonstrate that the goods did conform to their description at the time of delivery, we will offer to repair or replace the goods, or reduce or refund the price of the goods in accordance with condition 13.
- 12.5 Details of how to return goods to John Smedley will be contained in the parcel of your goods.
- 13.1 If the goods we deliver 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 of the problem within 14 days of the delivery of the goods in question.
- 13.2 If you do not receive goods ordered by you within 30 days of the date on which you ordered them, you must notify us in writing at our contact address of the problem within 40 days of the date on which you ordered the goods.
- 13.3 If you notify a problem to us under this condition, our only obligation will be, at your option:
- to make good any accepted shortage or non-delivery;
- to replace or repair any goods that are damaged or defective; or
- to refund to you the amount paid by you for the goods in question in whatever way we choose.
- 13.4 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to 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 condition 13.3 above.
- 13.5 Nothing in these conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence or fraud.
- RETURNS AND REFUND POLICY
- 14.1 Standard Returns Policy
All shoppers based within the EU may return unwanted item(s) by exercising their rights under the Consumer Contracts Regulations as detailed below. We also offer a standard returns policy which covers returns or exchange of any unwanted item(s).
You should return your unwanted item(s) within 14 days of receiving them. When your delivery is signed for, the time and date of delivery is logged on our system. Returns outside of this timeframes may be accepted at the discretion of John Smedley Ltd and may only be refunded as a credit against a future purchase. You have a legal obligation to take reasonable care of the goods while they are in your possession. If you fail to do so, we may have a right of action against you for compensation.
You shall not have any right to cancel a contract for the supply of any goods which are personalised or made for your specification in any way.
- 14.2 Item Condition
Items should be returned in an unused, re-sellable condition, and with all John Smedley garment tags still attached. Returns that are damaged, soiled or altered may not be accepted and may be sent back to the customer. John Smedley underwear should be tried on over underwear.
- 14.3 Exchanges
You may exchange your unwanted item(s) for a different style, colour or size, based on stock availability. Shipping is free on the replacement item; however you may be liable for duties and taxes if based outside the EU. All exchanges must adhere to the guidelines set out in our returns policy.
- 14.4 Receiving A Refund
Your refund can only be credited to the original payment card, PayPal™ account. For order cancelled under the Consumer Contracts Regulations, the refunded amount will include shipping costs. Shipping costs will not be refunded for any items returned under our standard returns policy.
If you are based outside the EU, any customs duties or sales taxes will not be refunded by John Smedley Ltd, however we recommend that you contact your local customs office. If you are based inside the EU, all sales taxes will be refunded by John Smedley Ltd.
Please allow up to 10 business days for any refund to your original payment card or account.
- 14.5 Faulty Goods
John Smedley will deem goods to be faulty if they are received damaged, or where a manufacturing fault occurs within six months of purchase. Any items that are damaged as a result of wear and tear are not considered to be faulty. Where appropriate we will offer to repair any faulty items. If you would like to exchange your item, please be aware that we can only replace it for the same product in the same colour, subject to availability. If we cannot fulfil this replacement, you will receive a full refund for the item or a suitable replacement.
- 14.6 Returning Gifts
John Smedley offers a relaxed returns window during the month of November and December. Any item(s) purchased during the month of November and December for the purpose of a gift must be returned for a full refund or exchanged by the following 31st January.
- 14.7 Cancelling Your Order Under The Consumer Contracts Regulations.
If you are based in the EU you have the right to cancel your order with John Smedley under the Consumer Contracts Regulations. You will need to provide written notice within fourteen working days of receipt of the goods. You must notify our customer care team in writing of your wish to cancel the contract for your order by either emailing email@example.com or write to us at:
Online Customer Service
John Smedley Ltd
Derbyshire DE4 5AG
You have a legal obligation to take reasonable care of the goods while they are in your possession. If you fail to do so, we may have a right of action against you for compensation.
On receipt of your notice of contract cancellation, customer care will email you issue you with instructions on how to return your item(s) to John Smedley Ltd. Any returns should be sent to:
Online Returns Department
John Smedley Ltd
Derbyshire DE4 5AG
John Smedley recommend that you retain proof of sending, in case of a dispute. All items must be returned unused, and in their original condition. You will receive a full refund for the value of your order, including shipping costs, within 30 days of receiving your notice of contract cancellation. If we do not receive the cancelled order, we will arrange to have it collected from you at your cost.
- 14.8 We will refund any money received from you using the same method originally used by you to pay for the goods. Credits for returned goods can only be processed back to the original account used for payment.
- IMPORT DUTY
- 15.1 If you order goods from our site for delivery outside the UK, they may be subject to import duties and taxes (please note; for USA and Japan John Smedley pre pay duties and taxes) which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we do not have control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
- 15.2 For all deliveries to US and Japan addresses, placed on our either our US or Japan stores, John Smedley now ships your orders free of charge and we also take care of all custom taxes and duties. All you pay is the price you see at checkout.
- 15.3 Please also note that you must comply with all applicable laws and regulations of the country for which the goods are destined. We will not be liable for any breach by you of any such laws.
- COMPLAINTS POLICY
- 16.1 We are committed to providing a quality service to you and value your views, opinions and feedback on any goods which have been supplied to you or the service which we have provided to you. If we have not performed any of our duties to a satisfactory standard please contact us and we shall endeavour to put right any problems.
- 16.2 If the complaint relates to the quality or specification of goods please refer to our refund policy. For any other complaints, queries or to provide us with feedback, please contact us at firstname.lastname@example.org. We shall endeavour to contact you within 7 working days of receiving your email and shall work closely with you in trying to resolve any problems fairly and quickly and to ensure that both our goods and the services which we have provided to you are to your satisfaction.
- WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using the website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on the website. For contractual purposes, you agree to this electronic means of communication and acknowledge that all contracts, notices, information and other communications that you provide to us electronically comply with any legal requirement that such communications be in writing. The provisions set out in this condition do not affect your statutory rights.
All notices given by you to us must be sent either by e-mail to email@example.com or by post at the address set out in condition 21.We may give notice to you at either the e-mail address or postal address you provide to us when placing an order, or in any of the ways specified in condition 17 above. Notice will be deemed received and properly served immediately when posted on the website, 24 hours after an email is sent, or three days after that date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
- OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
- 19.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
- 19.2 You will be subject to the policies and terms and conditions in force at the time that you order goods from us, unless any change to those polices or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Despatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the goods).
- 20.1 We may assign the contract or any part of it to any person, firm or company. You may not be entitled to assign the contract or any part of it without our prior written consent.
- 20.2 We may defer the date of delivery or cancel the contract or reduce the volume of the goods ordered by you (without liability) if we are prevented from or delayed in the carrying on of our business due to circumstances beyond our reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials.
- 20.3 If any provision of the contract or these terms are found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable (including any provision in which we exclude our liability to you) it will to that extent be severed and the remaining provisions of the contract or these conditions and the remainder of such provision shall continue in full force and effect.
- 20.4 Failure or delay by us in enforcing or partially enforcing any provision of the contract shall not be construed as a waiver of any of our rights under the contract.
- 20.5 Any waiver by us of any breach of, or any default under, any provision of the contract by you shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the contract.
- 20.6 No term of the contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
- 20.8 The formation, existence, construction, performance, validity and all aspects of the contract shall be governed by English law and any disputes shall be resolved exclusively in the English Courts.
- CONTACT DETAILS
Should you wish to contact us regarding your purchase of goods or these terms and conditions, please contact us at firstname.lastname@example.org or John Smedley Limited, Lea Mills, Matlock, Derbyshire, DE4 5AG. Alternatively, you can telephone us on 0800 6523498 (international no. +44(0)800 6523498 – English speaking support only).
22 .ACCEPTABLE USE
You may only use our site for lawful purposes. You may not use our site:
In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
- To transmit any material that is defamatory, obscene, offensive, hateful, inflammatory or is likely to deceive any person.
You also agree:
- Not to re-sell any of our goods; our goods are supplied for the personal or gift use of the buyer only and are not to be used for re-sale, commercial purposes or any other commercial benefit. The Outlet by John Smedley reserves the right to refuse multiple quantities of an item being shipped to any one customer or postal address.
- Not to reproduce, duplicate, copy or re-sell any part of our site without our express permission.
- Not to provide information that is inaccurate, fictional or misleading.
- Not to access without authority, interfere with, damage or disrupt: any part of our site; any equipment or network on which our site is stored; any software used in the provision of our site; or any equipment or network or software owned or used by any third party.