Terms and Conditions

 

Please read all these terms and conditions.
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read
these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you
are not sure about anything, just phone us on +442392368351.
Application
1. These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We are JmB PC
Ltd a company registered in England and Wales under number 09248341 whose registered office is at 22A London
Road, Purbrook, Hampshire, PO7 5LJ with email address jmbpc.repairs@outlook.com; telephone number
+442392368351 (the Supplier or us or we).
2. These are the Terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these
Terms and Conditions.
Interpretation
3. Consumer means an individual acting for purposes which are wholly or mainly outside their trade, business, craft or
profession;
4. Contract means the legally-binding agreement between you and us for the sale and purchase of the Goods;
5. Delivery Location means the Supplier's premises or other location where the Goods are to be supplied, as set out in
the Order;
6. Goods means any goods that we supply to you, of the number and description as set out in the Order;
7. Order means the Customer's order for the Goods from the Supplier as set out in the Customer's order or in the
Customer's written acceptance of the Supplier's quotation.
Goods
8. The description of the Goods is as set out in our website, catalogues, brochures or other form of advertisement. Any
description is for illustrative purposes only and there may be small discrepancies in colour or size.
9. In the case of Goods made to your special requirements, it is your responsibility to ensure that any information you
provide is accurate.
Basis of Sale
10. The description of the Goods in our website, catalogues, brochures or other form of advertisement does not constitute
a contractual offer to sell the Goods.
11. When an Order has been made, we can reject it for any reason, although we will try to tell you the reason without
delay.
12. A Contract will be formed for the Goods ordered, only upon the Supplier's written acceptance of the Order or if
earlier, the Supplier's delivery of the Goods to the Customer.
13. Any quotation is valid for a maximum period of 14 days from its date, unless we expressly withdraw it at an earlier
time.
14. No variation of the Contract, whether about description of the Goods, price or otherwise, can be made after it has been
entered into unless the variation is agreed by the Customer and the Supplier in writing.
15. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer where we, the
Supplier and you the Customer, enter the Contract at any of the Supplier's business premises, and where the Contract is
not a contract (i) for which an offer was made by the Customer in the Supplier's and the Customer's simultaneous
physical presence away from those premises, or (ii) made immediately after the Customer was personally and
individually addressed in the Supplier's and the Customer's simultaneous physical presence away from those premises.
If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more
appropriate to you and which might, in some way, be better for you, eg by giving cancellation rights pursuant to
consumer protection law. Business premises means immovable retail premises where we carry on business on a
permanent basis or, in the case of movable retail premises, on a usual basis.
Price and Payment
16. The price of the Goods and any additional delivery or other charges for the Goods, and the total price of them and the
charges, is that set out in our price list current at the date we accepted the Order or such other price as we may agree in
writing.
17. Prices and charges include VAT at the rate applicable at the time of the Order.
18. Payment for Goods must be made at least 0 days in advance of delivery. You must pay in cash or by submitting
your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of
the Goods.
Delivery
19. We will deliver the Goods to the Delivery Location by the time or within the period agreed, or failing any agreement,
without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.
20. In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to
any other remedies) treat the Contract at an end if:
we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant
circumstances at the time the Contract was made, or if you told us before the Contract was made that delivery on
time was essential; or
after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances
and we have not delivered within that period.
21. If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the
Contract.
22. If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order
for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies)
without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have
been delivered, you must return them or allow us to collect them from you and we will pay the costs of this.
23. If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the
value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without
also cancelling or rejecting the Order for the rest of them.
24. We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and
the Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties
or other taxes, as we will not pay them.
25. You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason,
subject to the above provisions and provided you are not liable for extra charges.
26. If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may
charge the reasonable costs of storing and redelivering them.
27. The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if
reasonably practicable, examine the Goods before accepting them.
Risk and Title
28. Risk of damage to, or loss of, the Goods will pass to you when the Goods are delivered to you.
29. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards
your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by
you, in which case you must return them or allow us to collect them.
Withdrawal and cancellation
30. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and
without giving us a reason, and without incurring any liability.
31. You can cancel the Contract except for any Goods which are made to your special requirements by telling us no later
than 3 days after the Contract was made, if you simply wish to change your mind and without giving us a reason, and
without liability, except in that case, you must return to any of our business premises the Goods in undamaged
condition at your expense. Then we will without delay refund to you the price for those Goods, but we can retain any
separate delivery charge. This does not affect your rights when the reason for the cancellation is any defective Goods.
Conformity and Guarantee
32. We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not
meet the following obligation.
33. Upon delivery, the Goods will:
be of satisfactory quality
be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you
made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment)
and be fit for any purpose held out by us or set out in the Contract; and
conform to their description.
34. It is not a failure to conform if the failure has its origin in your materials.
35. We will immediately, or within a reasonable time, give you the benefit of the free guarantee given by the manufacturer
of the Goods. Details of the guarantee, including the name and address of the manufacturer, and the duration and
territorial scope of the guarantee, are set out in the manufacturer's guarantee provided with the Goods. This guarantee
will take effect at the time the Goods are delivered, and will not reduce your legal rights.
36. We will provide the following after-sales service: Warranties available with certain goods and services.
Circumstances beyond the control of either party
37. In the event of any failure by a party because of something beyond its reasonable control:
the party will advise the other party as soon as reasonably practicable; and
the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and
the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the
Customer's above rights relating to delivery and the right to cancel below.
Privacy
38. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with
regard to your personal information.
39. These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy
and cookies policy which can be found on our website..
40. For the purposes of these Terms and Conditions:
'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not
limited to the GDPR.
'GDPR' means the UK General Data Protection Regulation.
'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.
41. We are a Data Controller of the Personal Data we Process in providing the Goods to you.
42. Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data in the
course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
before or at the time of collecting Personal Data, we will identify the purposes for which information is being
collected;
we will only Process Personal Data for the purposes identified;
we will respect your rights in relation to your Personal Data; and
we will implement technical and organisational measures to ensure your Personal Data is secure.
43. For any enquiries or complaints regarding data privacy, you can email: jmbpc.repairs@outlook.com.
Excluding liability
44. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury
caused by negligence or breach of the Supplier's other legal obligations. Subject to this, the Supplier is not liable for(i)
loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss
of profit) to the Customer's business, trade, craft or profession which would not be suffered by a Consumer because the
Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession).
Governing law, jurisdiction and complaints
45. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
46. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in
Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
47. We try to avoid any dispute, so we deal with complaints as follows: If a dispute occurs customers should contact us
directly. We will aim to respond with an appropriate solution within 5 days