Terms and Conditions

Terms and Conditions (“Terms”)

 

1. General

1.1. Jane Designs Limited (“we”, “us”, “our”) is registered in England and Wales at 2 Gloster Drive, Upper Cambourne, Cambridge, CB23 6FA under company number 13375386 and we operate the website janedesigns.co.uk.

1.2. These Terms set out the basis on which you can use our website and purchase an item from us (“Product”). By ordering a Product or using our website, you are deemed to have understood and accepted these Terms. If you do not agree to these Terms, you must not use our website or order a Product.

1.3. Our Terms are intended to comply with the Consumer Rights Act 2015 and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and do not affect your statutory rights.

1.4. References to the singular shall include the plural, and vice versa.

 

2. Contract and Acceptance

2.1. Your order for a Product is accepted, and a contract is formed between you and us, when we despatch the Product you have ordered and not before. Until the Product is despatched, we may not accept an order and you may cancel an order.

2.2. In accordance with the Contracts (Rights of Third Parties) Act 1999, a person who is not a party to the contract which is formed shall not have any rights under or in connection with it.

 

3. Products, Pricing and Payment

3.1. When ordering a Product, you agree to pay in full at the time of placing the order. We only accept VISA and Mastercard payments. If we cannot accept your order, your payment method will not be charged.

3.2. We endeavour to ensure that every Product is shown accurately, however, occasionally there may be slight variations in colour, typefaces and layout. We will not accept a request for refund or replacement in this instance, provided the Product is otherwise not faulty and as we otherwise described it.

3.3. Product prices shown on the website are in GBP, do not attract VAT and do not include any delivery costs. They are subject to variation and we reserve the right to change these at any time.

3.4. In rare cases, the price quoted for a Product may be displayed incorrectly. If this happens, we will notify you of the correct price and give you the option to proceed with or cancel the order. If you choose the latter option, we will refund you in accordance with clause 3.

 

4. Delivery

4.1. Each Product sold by us is manufactured in England and is shipped directly from our registered office.

4.2. A typical delivery timeframe will be stated before you place an order and we will send you a confirmation email when we have dispatched you order. Any timeframes given are estimates and we shall not be liable for any delay in delivery, including in circumstances outlined in clause 10.

4.3. We ship our Products to the United Kingdom by Royal Mail.

 

5. Refunds, Returns and Replacements:

5.1. If, upon receiving your Product(s), they are damaged or the printing is faulty, you may request a refund or replacement per clause 5.2 below. 

5.2. You can request a refund or replacement in the case of printing faults or damage on your Order within 7 days of the date of receipt of the Product(s). Please email Jane.designs@outlook.com with your order number, a description and a clear photograph of the damaged goods and we will consider if you are eligible for a refund or replacement.

5.3. If you choose to receive a refund, we will refund you the total amount you paid for the Product(s) plus any delivery charges you may have paid, within 28 days of the day on which you provide us with evidence that the Product(s) are faulty.

5.4. Please note, that it is not our policy to offer both a refund and a replacement.

5.6. If you choose to return a non-personalised item, we will refund you the total amount you paid for the Product(s) plus any delivery charges you may have paid, within 28 days of receiving a return. 

5.7. All non-personalised Product(s) can be returned for free within 30 days of purchase. Free returns can be arranged via your account page or by contacting Jane.designs@outlook.com in exchange for a full refund on the Product within 14 days of receiving the return. The item must be returned in its original condition and packaging.

5.8. Please note: The above returns policy refers to a change of mind only and does not affect the statutory rights you have as a consumer e.g. the right to cancel, or the right to return items, which are faulty or not as described or a general right to return most online purchases under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

 

6. Personal Information

6.1. We collect and process the following personal information – which you provide us – for the purposes of meeting our contractual obligations under these Terms when you order a Product from us:

6.1.1. name and delivery address;

6.1.2. email address; and

6.1.3. phone number; and

6.2.  Your information is securely stored. We retain the following personal information in accordance with the following timeframes before disposing of, or anonymising the data:

6.2.1. Inactive accounts – 2 years.

6.2.2. Pending orders – 1 week.

6.2.3. Failed orders – 1 week.

6.2.4. Completed orders – 6 months.

6.3. Under data protection law, you have the following rights and if you wish to exercise any, you should email us at jane.designs@outlook.com:

6.3.1. right of access;

6.3.2. right to rectification;

6.3.3. right to erasure;

6.3.4. right to restriction of processing;

6.3.5. right to object to processing; and

6.3.6. right to data portability.

6.4. Your personal information is generally processed, stored and used within the UK. In some instances, your personal information may be processed outside the European Economic Area. In such cases, we take steps to ensure there is an appropriate level of security so your personal information is protected in the same way as if it was being used within the UK.

6.5. If you have any concerns about our use of your personal information, you can make a complaint to us by sending an email to jane.designs@outlook.com: Alternatively, you can complain to the ICO via phone using 0303 123 1113, writing to Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF or by visiting their website at https://ico.org.uk/.

 

7. Website Content, Use and Cookies

7.1. Our site may contain links to, or embedded content (e.g. videos, images, articles, etc.) from, other websites. These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that website. We are not responsible for the availability or service of these websites and we will not be liable in any way for any loss or damage which you may suffer by visiting, using or interacting with these websites.

7.2. If you leave a comment on our website, we collect the data shown in the comments form, your IP address and your browser user agent string to help spam detection. The comment and its metadata are retained indefinitely. You may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.

7.3. If you upload images to our website, you should ensure they do not contain embedded location data as other visitors may be able to access this information. We will not be held liable where you have chosen to upload information of this nature.

7.4. If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.

7.5. When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.

 

8. Intellectual Property Rights

8.1. We own all the material on our website (e.g. designs, photography, text, layout, look and graphics).

8.2. You may not copy, (re)distribute, (re)produce, create any derivative work or commercially exploit the content from our website or any material found on our website without our prior express, written permission.

 

9. Limitation of Liability

9.1. Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or for fraud or fraudulent misrepresentation, or any matter in respect of which it would be unlawful for us to exclude or restrict liability.

9.2. Subject to clause 1, and notwithstanding any provision within the Terms to the contrary, to the fullest extent permitted at law, we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty or otherwise for any indirect, consequential or financial loss or damage of whatever nature or howsoever caused arising under or in connection with these Terms including but not limited to loss of revenue, loss of contract, loss of profit or loss of anticipated savings and even if any such loss or damage might be deemed to have been a reasonably foreseeable consequence of our default from the outset of these Terms.

 

10. Force Majeure

10.1. We shall not be liable for any failure or delay in performing our obligations under these Terms to the extent that such failure or delay is caused by a Force Majeure Event.

10.2. A Force Majeure Event means any event beyond our reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including strikes, lock-outs or other industrial disputes, failure of energy sources or transport network, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, pandemic, epidemics or similar events, natural disasters or extreme adverse weather conditions, or default of suppliers.

 

11. Severance

11.1. If any court or competent authority finds that any provision of these Terms (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of the Terms shall not be affected.

11.2. If any invalid, unenforceable or illegal provision of the Terms would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.

 

12. Governing law and jurisdiction.

12.1. These Terms, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.

 

13. Changes

13.1. If any of this information changes, we will tell you by updating these Terms on our website.

 

Version 1

Effective 01/02/23