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Terms & Conditions

www.johnmercer.co.uk ("web site") is owned and operated by John Mercer Limited.

The terms "John Mercer Ltd", "we", "us" and "our" when used in these Terms of Sale means John Mercer Limited. The terms "you" and "your" when used in these Terms of Sale means any user who wishes to purchase a product from the web site. If you are acting on behalf of a business, you confirm that you have authority from that business authorizing you to use their debit/credit card and purchase from our web site. The term "Consumer" is used to denote any user of this web site who purchases a product not in the course of business.

These website terms and conditions apply to your use of the www.johnmercer.co.uk website and each of the pages within it (the "Website"). Please read these terms and conditions carefully. All offer/promotion codes are subject to stock availability on full priced items only. Any discounts do not apply to postage/delivery. By using the Website you are showing that you agree to these terms and conditions. If you do not agree to these terms and conditions, please do not use the website

USE OF THIS WEBSITE

You must be 18 years or over to use this website. If you are under 18 you must only use this website with the agreement and supervision of a parent or guardian. If you do not qualify please do not use this site. You are warranting that all of the details that you provide us with are true, accurate and complete; and that your chosen payment method has sufficient funds to pay for the goods ordered.

By placing an order with us you are making an offer to John Mercer Ltd to purchase the goods detailed in your order according to the terms described in your order. By placing an order with us you will be deemed to have read, understood and agreed to these Terms and Conditions. If you are unhappy with or unclear about any aspect of these terms, please contact us.

Once you have placed an order we will send you a confirmation that your order has been received, but this is not a confirmation that your offer to purchase the goods has been accepted. A contract between you and John Mercer Ltd. for the sale of our products will only exist once an order has been accepted, processed and dispatched to you. This does not affect your statutory rights.

Prices and availability of goods are subject to change without notice. A delivery charge and or tax will be added to your order value where appropriate. If and when we are offering free delivery in mainland UK then delivery charge will not be added.

All dates quoted for delivery are estimated delivery dates only and may be subject to change. We can accept no liability for any loss or damage (whether direct or indirect) if delivery takes place at any time other than the estimated date for delivery.

DESCRIPTION AND CONFORMITY OF GOODS

We take every care to ensure that the description and specification of our products are correct at the time of going to press or online. However, specifications and descriptions of products on this website are not intended to be binding and are intended only to give a general description of the products. Furthermore, while the colour reproduction of the products is a close representation, we cannot accept any responsibility for any variation in colour caused by the browser software or computer system used to view the products. All sizes mentioned are approx.

STOCK AVAILABILITY

We endeavour to display through this website all items in our current range. We aim to hold stock of all styles and sizes whilst a product is active. However, occasionally an item(s) will be out of stock.

Our merchandise available for sale will change on a frequent basis. We reserve the right to make changes in our merchandise without notice. An item may be out of stock temporarily or permanently, or discontinued from our product line. When an item is no longer available, we take reasonable steps to remove it from the website as soon as we can.

PRICES

All prices quoted on this website are accurate at the time of publication, are quoted in GBP Sterling. The price of any item is not guaranteed until the item has been shipped to you.

DISCLAIMER

All information on the Website is provided in good faith and for general information purposes only. Whilst we will use reasonable endeavours to ensure that the information on the Website is accurate, the Website is published on an "as is" basis.

We make no warranties of any kind. As far as allowed by law, we exclude any implied warranties or conditions that the Website will be of satisfactory quality, fit for a particular purpose, compatible with other products or services, non-infringing, complete, accurate or secure. As far as allowed by law, we and our associated companies will not be responsible for any losses you incur as a result of using the Website, using any websites linked to the Website or relying on any of the information published on the Website or any websites linked to it, including without limitation loss of goodwill, loss of profits, loss of data and losses which arise directly or indirectly from our acts or omissions.

We and our associated companies will not be responsible for any losses you incur as a result of changes made to the Website by unauthorised third parties.

We give no warranties that access to the Website will be uninterrupted or error-free or that the Website or the server hosting it are free from viruses. We and our associated companies will not be responsible for any losses you incur as a result of any virus infecting your computer by reason of your use of, access to or downloading of any material from the Website. It is your responsibility to ensure that the right equipment is available to use the Website and screen out anything that may damage it.

If any of these terms and conditions are found to be illegal, invalid or unenforceable in any country or state and you access the Website from that country or state, the illegal, invalid or unenforceable term will not apply to you. The remaining terms and conditions, however, will remain in full force and effect. Nothing in these terms and conditions shall exclude or limit our liability for death or personal injury caused by our negligence or the negligence or our employees, agents or sub-contractors or for fraud.

We reserve the right at any time and from time to time to modify, edit, delete, suspend or discontinue, temporarily or permanently this web site (or any portion thereof) and/or the information, materials, products and/or services available through this web site (or any part thereof) with or without notice. We shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this web site.

You are responsible for providing and maintaining all personal computer and communications equipment and Internet access accounts necessary to gain access to this web site. In consideration of your use of the web site, you shall provide true, accurate, current and complete information about yourself. You are responsible for maintaining the confidentiality of your password and login username and are fully responsible for all activities that occur under your password or login username, whether by you or by anyone else using your username and password. You shall inform us of any apparent breaches of security such as loss, theft or unauthorized disclosure or use of your username or password and until we are so notified you will remain liable for any unauthorized use of your account. You shall use the web site in a manner consistent with any and all applicable rules and regulations. You shall not upload or transmit through the web site any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. You shall indemnify, release and hold us harmless as well as our officers, directors, agents, representatives and employees from any claim, liability, loss, expense or demand, including legal fees, related to your violation of these Terms of Use or your access or use of this web site (including any information, materials, products or services available through this web site).

OTHER LEGAL NOTICES

There may be other legal notices on other areas of this Website which relate to your use of it, all of which will, together with these terms and conditions govern your use of this Website.

Hyper link Disclaimer

This web site may contain links and/or advertisements to other web sites maintained by us in addition to links to web sites maintained by unrelated companies and persons. An advertisement of, or link to, a non-John Mercer Ltd web site does not mean that we approve, endorse or accept any responsibility for that web site, its content or use, or the use of products and services made available through such web site.

We are not responsible for the actions, content, accuracy, opinions expressed, privacy policies, products or services provided through these links or made available through these resources or appearing in such web sites, nor for any damages or losses, directly or indirectly, caused or alleged to have been caused as a result of your use or reliance on such web sites.

Such web sites are not investigated, monitored or checked for accuracy, completeness or conformance with applicable laws and regulations by us. We do not make any representations whatsoever, or give any warranties of any kind, expressed, implied, or otherwise about other web sites which you may access through this web site, the content thereof, or the products and/or services made available through such web sites. If you decide to leave our web site and access these other web sites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of such web sites will apply to you while on such web sites.

LINKS FROM THE OTHER WEBSITES

We hereby give authorization to link to this web site. Authorization by us to link to this web site is given without assumption of any liability by us relating to such links, and we hereby disclaim any such liability. We reserve the right to withdraw any authorization to link to this web site at any time and for any reason.

Persons providing access to this web site via link from another web site are solely responsible for the content, accuracy, opinions expressed, privacy policies, products or services of, or available through, the source web site and for any representations made or impressions created concerning John Mercer Ltd.

Anyone providing access to or information relating to this web site, whether by link or otherwise, is responsible for bringing these Terms of Use to the attention of the person receiving such access or information. Failure to do so will not result in liability for us.

CHANGES TO THESE TERMS AND CONDITIONS

We have the right to amend these terms and conditions without notice to you by updating this posting on the Website. By using the Website following amendment of these terms and conditions you are showing that you agree to the amended terms and conditions. If you do not agree to the amended terms and conditions, please do not continue use the Website.

LAW AND JURISDICTION

These Terms and Conditions and your use of our website are governed by English law and you agree to submit to the non-exclusive jurisdiction of the English court. This does not affect your non-excludable statutory rights. This website and our Terms and Conditions have been designed for use within the United Kingdom and under UK law. Whilst we are happy to consider requests for products and enquiries from outside the United Kingdom, we give no warranty, express or implied that the use of this website or the placing of any order through this website from outside the UK complies with any applicable non-UK laws or regulations. Accordingly, any products or promotions not permitted under your local law are not offered to you.

PROMOTIONAL CODES

Any discount code or promotion code cannot be used in conjunction with any other offer and can only be used against the purchase of a non-sale item. Sale/Offer/Clearance items are already discounted and promotional or discount codes will not be valid against sale items. Discount codes are only available online and must be applied before the checkout and cannot be applied in retrospect. Any discounts we offer are time limited and are dependent on product availability. Accordingly, the price of such products may change from time to time

PRICING AND TAX

Prices shown are inclusive of VAT but exclude delivery costs. These will be applied at the checkout and if we are offering free delivery (UK mainland only) then delivery cost will not be added. The price of Products includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.

We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Products at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price. Prices for our Products may change from time to time, but changes will not affect any order you have already placed.

PAYMENTS

We accept the following methods of payment: Visa, Visa Debit, Visa Electron, Master card, Maestro, Solo and PayPal. Payment will be taken for the Products and all applicable delivery charges at the point of purchase.

ORDER CONTRACT

We store the order contracts content and will send you details of your order via post along with your order. Details and confirmation of your order will be emailed after your successful checkout to your registered email address. Details about recent orders can be found under “Login” by using your personal log in details.

RETURNS

You have the right to cancel your order within 7 working days from delivery. You must notify us by phone  or email us of your intention to cancel within 7 working days from delivery. After notification we will issue you a returns number, that you must quote on all the correspondence  when returning the goods.

If your product you have received is damaged or faulty when delivered, please contact our Customer Services team on 01724-859-365 who will notify you of our returns procedure. You have up to 30 days from delivery to report if your items are faulty or damaged.

a.     Goods must be returned 'AS SOLD' in the original packaging complete 'AS NEW'.

b.     Goods must be complete, unused, and in 'AS NEW' condition (e.g. if you have opened the box to examine the product it must have been done so without damaging the box and packaging or damaging the product in any way) and must be re-packaged as received.

c.     Goods must be returned to our Returns Department within 14 days from authorisation. We are unable to accept returns of un-wanted and non-faulty items after the 14 days.

d.     Any 'FREE GIFTS' with the products must also be returned.

e.     Before signing for the goods, please inspect  items and the packaging and if the item or packaging is damaged, please inform the courier and sign and ensure that you have ticked the damaged box on the couriers hand held device or paper work. If this fails to be done, we will not be able to accept the item back as damaged

f.      Any faults with the product must be reported immediately. Please inspect the item and the packaging and if the item or packaging is damaged, please inform John Mercer Ltd and if this fails to be done, we will not be able to accept the item back as damaged.

Note:
You must organise the return the unwanted items at your expense and risk. Returns cannot be accepted without prior authorisation and a returns authorisation number. The returns authorisation is valid for up to 14 days only. Goods sent back without prior returns authorisation will be returned back to you and the cost of delivery charged to you.


EVENTS OUTSIDE OUR CONTROL


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 an Event Outside Our Control. An Event outside Our Control is defined as follows:


An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, 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, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.


If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:


-   we will contact you as soon as reasonably possible to notify you; and


-    our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.


You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us.


IF YOU ARE A BUSINESS CUSTOMER


This clause only applies if you are a business. If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products. These Terms and any document expressly referred to in them constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.


You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them. You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.


OUR LIABILITY IF YOU ARE A BUSINESS


Nothing in these Terms limits or excludes our liability for:


(a) death or personal injury caused by our negligence;


(b) fraud or fraudulent misrepresentation;


(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or


(d) defective products under the Consumer Protection Act 1987.


Subject to the above points, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:


(a) any loss of profits, sales, business, or revenue;


(b)  loss or corruption of data, information or software;


(c) loss of business opportunity;


(d) loss of anticipated savings;


(e) loss of goodwill; or


(f) any indirect or consequential loss.


our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price paid for the Products. Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.


IF YOU ARE A CONSUMER


If you are a consumer, you may only purchase Products from our site if you are at least 18 years old.