TERMS AND CONDITIONS
Last updated on 7th June 2017
THIS DOCUMENT CONTAINS IMPORTANT INFORMATION AND IS LEGALLY BINDING – PLEASE READ IT CAREFULLY.
Information about us
Our site is operated by Domaine des Jeanne Limited (“we”, “us, “our”). We are a company registered in England and Wales with company number 08507291 and have our registered office at c/o Creaseys Group Limited, Brockbourne House, 7 Mount Ephraim, Tunbridge Wells, Kent, TN4 8BS. Our correspondence address is 23 Carnaby Street, London, England, W1F 7DD.
Intellectual property rights
We are the owner or the licensee of all intellectual property rights in the Services, and in the material published on them. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print one copy, and may download extracts, of any page(s) from the Services for your personal reference and you may draw the attention of others within your organisation to material posted on the Services.
You must not modify the paper or digital copies of any materials you have printed or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on the Services must always be acknowledged.
You must not use any part of the materials on the Services for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print, copy or download any part of the Services in breach of these Terms, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Reliance on information posted
The material displayed free of charge on the Services is provided without any guarantees, conditions or warranties as to its accuracy. Commentary and other materials posted on the Services are not intended to amount to advice on which reliance should be placed.
The Services change regularly
We aim to update the Services regularly, and may change the content at any time. If the need arises, we may suspend access to the Services, or close them indefinitely. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material.
You must be over the legal drinking age in your country to use the Services
The Services are only for users who are over the legal drinking age. You may only purchase Products from us if you over the legal drinking age in the place you are in when placing your order and the place of delivery of your order and in any event you must be at least 18 years old.
Accessing the Services
Your access to the Services or certain features of the Services may be suspended or restricted occasionally to allow for maintenance, repairs, upgrades, or the introduction of new functionality or services. Further, due to the inherent nature of the internet, errors, interruptions and delays may occur in the service at any time.
Access to the Services is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. From time to time, we may restrict access to some parts of the Services, or all the Services, to users including users who have registered with us.
You are responsible for making all arrangements necessary for you to have access to the Services. You are also responsible for ensuring that all persons who access the Services through your internet connection are aware of these Terms, and that they comply with them.
Your use of the Services
You may use the Services only for lawful purposes. In particular, but without limitation, you may not use the Services:
• 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;
• 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, send or upload any data or 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 attempt to gain unauthorised access to the Services, the server on which the Services are stored or any server, computer or database connected to the Services; or
• to attack our or any other site or service via a denial-of-service attack.
You also agree not to access without authority, interfere with, damage or disrupt:
• any part of the Services;
• any equipment or network on which the Services are stored;
• any software used in the provision of the Services; or
• any equipment or network or software owned or used by any third party.
By breaching this provision, you could commit a criminal offence including under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Services will cease immediately.
We will supply Products purchased by you in accordance with these Terms.
Nothing in these Terms excludes or limits our liability for: (a) death or personal injury arising from our negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability which cannot be excluded or limited under applicable law, including our liability for defective products under the Consumer Protection Act 1987, our failure to use reasonable care and skill in the provision of services to you and any breach by us of your right to receive goods which are as described and match information we provided to you and any sample provided to you and which are of satisfactory quality.
We (and third parties connected to us) exclude all liability and responsibility to you for any damage or loss that may arise to you or a third party in contract, tort (including negligence), breach of statutory duty, or otherwise:
• which was not foreseeable to both of us at the time you accepted these Terms (damage and loss is foreseeable if it is obvious that it would happen);
• in connection with the disclosure of your password contrary to these Terms;
• in connection with use of, or inability to use the Services or any of the functions of the Services (including any disruption, damage and/or loss of data on your computer system or mobile device that may occur while using the Services);
• in connection with use of or reliance on any information or material displayed on the Services;
• in connection with use of any third party site linked to the Services or the material on such websites; and/or
• caused by viruses or other harmful components originating or contracted from the Services or any third party site linked to the Services.
We are not liable to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. If you are a consumer, you acknowledge and agree that we are providing the Services for personal use and any Products that you purchase from us are for personal or domestic consumption and use only.
Our total liability in respect of all losses suffered by you arising out of or in connection with the Terms, including our sale of Products and your use of the Services, whether such liability arises under breach of contract, tort (including negligence), breach of statutory duty or otherwise will be limited to the greater of: (i) the total amount paid by you for Products giving rise to the claim; or (ii) £10,000.
Information about you and your visits to the Services
In order to access certain features of the Services, you may be asked to provide certain personal information such as your name and email address and you may be asked to set up an account name and password.
If you are asked to set up an account name and password, you are responsible for maintaining the confidentiality of your password and your account information, and you are solely responsible for all activities that occur under your password or account and for any access to or use of the Services and any purchases made by you or any person or entity under your account or by using your password, whether or not such access or use has been authorised by you, and whether or not such person or entity is your employee or agent. You must immediately notify us of any unauthorised use of your password or account or any other breach of security.
You may not use another person’s account at any time without the express permission of the account holder.
If you are interested in placing an order for Products shown on the Services you can submit an enquiry to us by telephone or email using our contact details.
Following an enquiry by phone or email, if we can accommodate your request we will at our discretion either request that you make your order via our site or email you a copy of your order information which will set out our record of the Products we understand you wish to order, along with the price and any other relevant information (“Enquiry Response Email”). Please note that any Enquiry Response Email only sets out the details of your order as we understand them, but it is up to you to review these details and ensure they are correct. We will consequently not be liable for any errors in any Enquiry Response Email.
Although we accept enquiries by phone, we do not permit orders to be made by phone. We may from time to time allow you to place orders for Products through our site. All orders placed by you (whether by email or via our site) will be governed by these Terms.
Whether you place an order by email or through our site you will be asked to provide certain information to allow us to process orders (including your selected payment method and card details). We will not be responsible for supplying your order late or not supplying any part of your order if this is caused by you providing us incorrect information.
To place an order by email you will need to reply to the Enquiry Response Email confirming that you wish to proceed, provide us with any additional information we have requested that you provide and make payment to us of the order price. We may reply to you acknowledging that we have received your order.
If you place an order through our site you may see a message on screen or you may receive an email (provided that you have provided us with a valid email address) acknowledging that we have received your order.
Receipt by us of either (a) an order via our site; or (b) an email from you replying to an Enquiry Response Email and confirming that you wish to proceed, constitutes an offer by you to purchase the Products which is accepted by us only when we send you an email confirming your order (“Order Confirmation”).
We may reject your order for any reason prior to our acceptance of it. If we reject your order after payment has already been taken, we will promptly provide you with a refund.
Delivery and Cancellation
Your order will be fulfilled by the delivery date set out in the Order Confirmation or, if no date is specified, then within 30 days of the Order Confirmation.
Products purchased by you will be at your risk from the time of delivery to you or a person nominated by you to receive your order on your behalf. You will own the Products once we have received payment in full and you have received an Order Confirmation from us.
You may cancel your purchase of Products any time within 14 days beginning on the day after you receive the Products by: (i) using the model cancellation form which can be found here (but this is not obligatory); (ii) writing to us at 23 Carnaby Street, London, W1F 7DD; or (iii) emailing us at email@example.com.
If you exercise your right to cancel your purchase, please return the Products to us promptly (and in any event within 14 days of you notifying us of cancellation) in the same condition you received them (at your own cost and risk). We will provide you with a refund within 14 days of our receipt of the returned Products (or evidence that you have returned them). You will lose your right to cancel if the Products become unsealed after delivery to you. If any Product is unsealed after delivery to you, is damaged, or we reasonably believe you have tampered with it, we may deduct an amount from any refund due to you up to the total price you paid for the Products.
Prices and payment
Prices which appear on our site are inclusive of VAT unless otherwise stated. We may change the prices for Products at any time by posting new prices on our site, but changes will not affect orders for which we have already sent you an Order Confirmation.
Prices are payable in full in advance. If you order Products through our site, payments are required to be made by debit or credit card using the payment system on our site. If you order Products via email, payments are required to be made by bank transfer or cheque or as otherwise set out in our Enquiry Response Email.
Prices exclude delivery charges. Delivery charges applicable to your order will be as set out in the Enquiry Response Email or, if your order is placed via our site, the delivery charges will be displayed on screen.
By paying using your credit or debit card you confirm that the card is yours and that there are sufficient funds or credit available to cover the charges. Our provision of the Products is conditional on receipt from you of cleared payment in full of the applicable fees.
If we cannot supply you with the Products you ordered we will inform you of this by email and, if you have already paid the applicable fees, we will refund you in full as soon as reasonably possible.
It is always possible that, despite our best efforts, some of the items listed on our site or in an Enquiry Response Email may be incorrectly priced. We will usually verify prices as part of our dispatch procedure so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site or in our Enquiry Response Email we will usually, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection. We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and could have reasonably been recognised as an error by you.
Linking to the Services
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
The Services must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.
If you wish to make any use of material on the Services other than that set out above, please address your request to firstname.lastname@example.org.
Links from the Services
Where the Services contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources. We make no warranties or representations as to the legitimacy, accuracy or quality of any third party sites and we accept no responsibility for their content, safety, practice or privacy policies.
Jurisdiction and applicable law
The English courts will have non-exclusive jurisdiction over any claim or dispute arising from, or related to, these Terms. These Terms (including any non-contractual claims or disputes) are governed by English law.
We may revise these Terms at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Your continued use of the Services after the posting of any change will be deemed acceptance of the change. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on the Services.
If you have any concerns about material which appears on the Services, please contact email@example.com
(Complete and return this form only if you wish to withdraw from the contract)
To: Domaine des Jeanne Limited, 23 Carnaby Street, London, England, W1F 7DD, email: firstname.lastname@example.org
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]
Ordered on [*]/received on [*]:
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
[*] Delete as appropriate