Website Terms & Conditions of Sale
Please read these terms and conditions carefully before ordering any products from our site or over the phone with our customer services team. These terms will apply to any contract between us for the sale of products to you. You should print a copy of these terms and conditions or save them to your computer for future reference.
By ticking the box on our site prior to placing your order with us which says “I Accept Jotoha’s terms and Conditions of Sale” or placing an order over the phone with our customer services team you are agreeing to be bound by these terms. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any products from us.
If you have any questions about these terms or need advice as to your legal rights, advice is available from your local Citizens’ Advice Bureau or Trading Standards Office.
a) INFORMATION ABOUT US
www.Jotoha.co.uk is a site operated by Jotoha Ltd, (“we”, “us” or “our”). We are registered in England and Wales under company number 7736036 and with our registered office at Redcotts House, 1 Redcotts Lane, Wimborne, Dorset, BH21 1JX. Our VAT number is GB 123 5963 14.
To contact us please call 01590 677309/ 01425 475997, email info@Jotoha.com or write to our Customer Service team at Jotoha Ltd, 12 Priory Industrial Park, Airspeed Road, Christchurch, Dorset, BH23 4HD.
b) USE OF OUR SITE
Your use of our site is governed by our terms of Website Use and Acceptable Use policies. Please take the time to read these documents.
c) YOUR STATUS
You may only place an order through our site or over the phone with our customer services team, if:
- You are legally capable of entering into binding contracts;
- You are at least 18 years old;
- You are a ‘consumer’ (being an individual purchasing the products outside the course of his or her business or trade).
- You confirm and agree that all products you order are for your own private and domestic use and are not for resale.
d) HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
i) After placing an order, you will receive an e-mail from us (sent to the email address that you have provided when placing your order) acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a product.
ii) Our order process allows you to check and amend any errors before submitting your order to us. Please ensure that you have checked your order at each stage of the order process. Please note, once you have placed an order with us, we are unable to amend it.
iii) We will take payment when you place your order. Where you are paying by e-voucher, the voucher will be redeemed at the time your order is placed.
iv) All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the product has been dispatched (the “Dispatch Confirmation”). The contract between us (the “Contract”) will only be formed when we send you the Dispatch Confirmation.
v) The Contract will relate only to those products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate Dispatch Confirmation.
vi) If we are unable to supply you with a product you have ordered, for example if the product is out of stock, because of an error in the price on our site or inability to authorise your payment, we will inform you of this by email or telephone and we will not process your order. If you have already paid for the products, we will refund you the full amount as soon as possible, if you paid by voucher, you will be issued with a new voucher.
e) RETURNS, EXCHANGES AND REFUNDS
i) Please see Exchange & Returns for details of our goodwill returns and exchanges policy.
ii) In addition to our goodwill policy, as a consumer you have a legal right to cancel a Contract with us under the Consumer Contracts Regulations 2013 Regulations 2013 (“CCR”) during a specific time period. Your right to cancel a Contract begins on the date of dispatch and ends 14 calendar days, from the day after the day you receive the products.
iii) To cancel a contract please contact us in writing during the time period specified in clause e) i) by sending an email to info@Jotoha.com or a letter to Customer Services Team, Jotoha Ltd, 12 Priory Industrial Park, Airspeed Road, Christchurch, Dorset, BH23 4HD.
iv) If you cancel your Contract in accordance with clauses e) ii) and e) iii) you will be entitled to a full refund including the cost of delivery. We will process the refund as soon as possible, but, in any event, within 14 calendar days of the day you have given notice of your return, or within 14 calendar days after the day on which we receive the products back (whichever is the earlier). You must return the products to us within 14 calendar days of cancellation; see our Exchange & Returns section for details on how to return the products. For the avoidance of doubt, if you only cancel the Contract in respect of some but not all of the products in an order you will not be entitled to a refund of the delivery charge as our delivery charges are charged at a flat rate per order and not by weight.
v) Please note that:
your right to cancel a Contract, as set out in clause e) i) above, and our goodwill returns/exchanges policy, does not apply in the case of certain products which cannot be returned for hygiene reasons being swimwear from which the hygiene seal has been removed, underwear and earrings;
if you have purchased products as part of an offer or discount, the amount refunded will be adjusted accordingly to reflect any failure to meet the original requirements for the offer or discount as a result of returning the product.
vi) All products are returned at your own risk. Please make sure that you get a ‘proof of posting’ certificate from your Post Office when posting them. Save for defective products, all products are returned at your own cost.
vii) Please note, you have a legal obligation to take reasonable care of the products whilst they are in your possession and, when returning products to us, you must ensure that they are in the same condition they were in when you received them. If you fail to comply with this obligation, we may have a right of action against you for compensation.
viii) It is important for you to know that nothing in these terms and conditions affects your legal rights as a consumer, (as ‘consumer’ is defined at clause c) above), in respect of products which are faulty or not as described. Advice about your legal rights is available from the Citizens’ Advice Bureau or Trading Standards.
ix) All returns for defective products will be examined once they have been received by us and we will notify you if you are due a refund via e-mail within a reasonable period of time. We will usually process any refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective product (including a refund of the delivery charges for sending the item to you and any reasonable costs incurred by you in returning the item to us if applicable).
x) We will usually refund any money received from you using the same method originally used by you to pay for your purchase. Where you have purchased an item online and return it to one of our stores, where you originally paid by credit or debit card we will be able to process the refund in store provided you bring with you the card on which you made the original purchase. Where the item was originally purchased using Paypal, or paid in part or full using vouchers, or if you do not bring your credit/debit card with you, we will be unable to immediately process the refund in store and we will return the item to our warehouse where the refund will be processed.
xi) For the avoidance of doubt, exchanges are treated as a refund of the old product and a new purchase for the new product, so please be aware that you will see these 2 transactions on your account.
f) RISK, TITLE AND LIABILITY
i) The products will be at your risk from the time of delivery.
ii) Ownership of the products will only pass to you when we receive full payment of all sums due in respect of the products, including delivery charges.
iii) We warrant to you that any product purchased from us is, for a period of 6 months from the date of delivery, of satisfactory quality, free from material defects and reasonably fit for all the purposes for which products of the kind are commonly supplied.
iv) We are not liable for, and the warranties in clause f) iii) do not apply to, any defect in the product arising from fair wear and tear, failure by you to follow specific care instructions, wilful damage, abnormal storage, accident, negligence by you or any third party or any alteration or repair made by you or a third party.
v) Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the product you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they were an obvious consequence of our breach or they were contemplated by you and us at the time the Contract was formed.
vi) The above does not exclude or limit in any way our liability:
- for death or personal injury caused by our negligence;
- under section 2(3) of the Consumer Protection Act 1987 or for breach of the terms implied by sections 12 to 15 of the Sale of Goods Act 1979;
- for fraud or fraudulent misrepresentation; or
- for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
vii) We only supply products for domestic and private use and you agree not to use any products for commercial, business or re-sale purposes, we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
g) AVAILABILITY AND DELIVERY
i) If you provide to us any instructions relating to the delivery of your order (including, without limitation, instructions to leave the products in a particular place, outhouse or with a neighbour), you are responsible for ensuring the accuracy of these instructions and we shall not be liable to you in relation to any loss of or damage to the products resulting from our following of your instructions.
ii) Delivery will be complete when we deliver the products to the address you gave us or in accordance with your other instructions.
iii) Dates/times given for delivery are an estimate only and, although we will endeavour to fulfil your order within the estimated delivery period set out in the dispatch email, we cannot guarantee this.
h) PRICE AND PAYMENT
i) The price of any products will be as quoted on our site and/or in our other publications from time to time, except in cases of obvious error.
ii) These prices include (where applicable) VAT at the prevailing rate but exclude delivery costs, which will be added to the total amount due as set out in our Delivery Guide.
iii) Prices are liable to change at any time, but changes will not affect orders in respect of those where you have already received a Dispatch Confirmation.
iv) Our site and other publications contain a large number of products and it is always possible that, despite our best efforts, some of the products listed on our site or in our publications may be incorrectly priced. We will normally verify prices as part of our dispatch procedures 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 catalogue, we will normally, at our discretion, either contact you to give you the option of continuing your purchase of the product at the correct price or reject your order and notify you of such rejection.
v) We are under no obligation to provide the product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mistake in pricing.
vi) Payment for all products must be by credit card, debit card or using Paypal. We accept Visa, Mastercard, American Express and Maestro. Payment will be debited upon order.
i) INTERNATIONAL DELIVERY AND IMPORT DUTY
i) We deliver to certain countries outside the UK, see HERE for a list of these countries. If you order products from our site for delivery outside the UK, they may be subject to import 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 have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
ii) Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
j) WRITTEN COMMUNICATIONS
i) Applicable laws require that some of the information or communications we send to you should be in writing. When using our site or purchasing over the phone, you accept that communication between us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
ii) All written notices given by you to us must be given to Jotoha Ltd, 12 Priory Industrial Park, Airspeed Road, Christchurch, Dorset, BH23 4HD, or by emailing info@Jotoha.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served 24 hours after an e-mail is sent, or three days after the 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.
k) EVENTS OUTSIDE OUR CONTROL
i) We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control.
ii) Such events include any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation): strikes, lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; impossibility of the use of public or private telecommunications networks; the acts, decrees, legislation, regulations or restrictions of any government.
iii) Our performance under any Contract is deemed to be suspended for the period that the event outside our control continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to find a solution by which our obligations under the Contract may be performed.
l) OTHER IMPORTANT TERMS
i) You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent.
ii) We may transfer, assign, charge, sub-contract or otherwise dispose of the Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
iii) If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
iv) If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
v) These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supercede any prior agreement, understanding or arrangement between us, whether oral or in writing.
vi) We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or to be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
vii) We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
viii) This contract is between you and us. No other person shall have any right to enforce and of its terms.
ix) We will not file a copy of the contract between us.
x) Please see Customer Complaint Handling Procedure for details on how to make a complaint.
m) OUR RIGHT TO VARY THESE TERMS & CONDITIONS
i) 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. The date at the foot of this page will be amended each time these terms are updated.
ii) You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies 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 Dispatch 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 products).
iii) No modification to these terms and conditions by any party other than Jotoha shall be valid or enforceable against Jotoha unless expressly agreed to by Jotoha in writing signed by a duly authorised officer of Jotoha.
n) LAW AND JURISDICTION
Contracts for the purchase of products through our site and/or over the phone and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
o) PERSONAL INFORMATION
Where you have provided us with personal information we may use this information to:
- update and enhance our customer records,
- carry out identity verification, credit or anti-fraud checks against your name using third party databases (which may involve disclosure to registered credit reference or fraud prevention agencies who may retain and use your personal information),
- carry out analysis and to help us manage our business, statutory returns and legal and regulatory compliance.
p) TERMS & CONDITIONS FOR FACEBOOK – LIKE POST COMPETITIONS
i) These competitions are open to residents of the UK aged 18 or over.
ii) The Promoter of the competition is Jotoha Ltd, 12 Priory Industrial Park, Airspeed Road, Christchurch, Dorset, BH23 4HD.
iii) Entry is made by liking the Jotoha Facebook Page and “liking & sharing” the competition post.
iv) Entry opens as soon as the competition post is uploaded to the Jotoha Facebook Page. The competition closing date will be included in the post. The winner will be announced by the day following the closing date announced in the post.
v) Entry is limited to one “like & share” of the post.
vi) No purchase is necessary to enter.
Eligibility of Entries
vii) Only entries that follow the required entry process will be considered. The Promoter accepts no responsibility for incomplete or corrupted entries or entries that fail to reach the Promoter.
viii) No bulk, third party or organised group entries will be permitted.
The Winning Entries
ix) The prize entitles the one winner to the specified prize on the Facebook post.
x) The winner will be selected at random and their name will be tagged in a comment on the post on which they entered, within 24 hours of the competition closing. By entering this competition you consent that, if you win, your name will be published in a Facebook comment.
xi) The winner will be required to “private message” the Jotoha Facebook page using the account with which they entered the competition, within 48 hours of being tagged on the post in order to confirm acceptance and arrange receipt of their prize.
xii) The Promoter’s decision is final and no correspondence will be entered into.
xiii) The prize is non-transferrable and cannot be redeemed for cash.
xiv) By entering this competition you are deemed to have accepted these rules and agree to be bound by them.
xv) Jotoha reserves the right to
- cancel this promotion,
- cancel or refuse any individual’s entry and
- amend these terms and conditions (& will use reasonable endeavours to notify changes to entrants and potential entrants).
xvi) This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook.
This offer applies to selected items only. Sale items will be clearly marked down. This offer may not be used in conjunction with any other Jotoha offer. There are no cash alternatives. This offer cannot be redeemed against any items that have already been purchased. Jotoha reserves the right to change these terms and conditions at any time.
Jotoha Gift Voucher Terms and Conditions
Gift vouchers can be redeemed for merchandise at any Jotoha stores and online (subject to website terms and conditions). They may be exchanged for goods of a higher price than the face value of the card on payment of the difference.
Gift vouchers cannot be exchanged for cash. Gift vouchers can be activated with a minimum value of £5 and have a maximum value of £1000.
Gift vouchers cannot be returned or refunded, except in accordance with your legal rights.
Gift vouchers are valid according to the expiry date stated on the Gift Voucher. If no date is stated on the Gift Voucher then the Gift Voucher will be deemed to expire 12 months from the original purchase date.
If any item purchased with a gift voucher is subsequently exchanged for an item of a lower price or refunded, any money owing will be refunded in gift vouchers.
If you do not spend the entire balance on the gift card, the remaining balance will be updated on your Gift Voucher after each transaction.
Gift Vouchers should be treated as cash. They are not cheque guarantee, credit or charge cards. Jotoha will not accept liability for lost, stolen or damaged vouchers.
Jotoha reserves the right to refuse to accept a gift voucher which it deems to have been tampered with, duplicated, damaged or which otherwise is suspected to be affected from fraud.
Jotoha reserves the right to amend the terms and conditions of gift vouchers at any time without notice and to take appropriate action, including the cancellation of the voucher, if, in its discretion, it deems such action necessary. This does not affect your legal rights.
Gift vouchers are issued by Jotoha Ltd, Registered Company Number: 7736036, Registered Company Address: Redcotts House, 1 Redcotts Lane, Wimborne, Dorset, BH21 1JX.