Terms and Conditions

Welcome to Joseph-clark.co.uk (the “Site”). This Site is made available to you subject to the following Terms and Conditions. Please read these Terms and Conditions carefully before using the Site or ordering any products (“Products”). Click below to view the terms:

Website Terms of Use (Business Customers)

Website Terms of Use (Consumers)

Terms of Sale (Business Customers)

Terms of Sale (Consumers)

Terms of Sale (Consumers)

Last Updated 13.08.2021

BACKGROUND:

Please read these Terms of Sale carefully before placing an order with Us.

These Terms of Sale, together with any other documents referred to herein (unless otherwise stated), set out the terms under which Goods are sold by Us to consumers through this website, www.joseph-clark.co.uk (“Our Site”).
These Terms of Sale explain who We are, how Our Goods will be provided to you, how you or We may change, cancel, or otherwise end the Contract, what to do in the event of problems, and other important information.
You will be required to read and accept these Terms of Sale when ordering Goods. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Goods through Our site. These Terms of Sale, as well as all Contracts, are in the English language only.

The following documents may also apply to your use of Our Site:


1. Definitions and Interpretation

  1. In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:

    “Contract”

    means a contract for the purchase and sale of Goods, as explained in Part 10;

    “Contact Tools”

    means any online communications facility that We make available on Our Site enabling you to contact Us including, but not limited to, contact form;

    “Goods”

    means the goods sold by Us through Our Site;

    “Order”

    means your order for Goods;

    “Order Confirmation”

    means Our acceptance and confirmation of your Order;

    “Order Number”

    means the reference number for your Order; and

    “We/Us/Our”

    means Joseph Clark London Limited.

  2. Unless the context otherwise requires, each reference in these Terms of Sale to:
    1. “writing”, and any similar term, includes a reference to any communication effected by electronic or facsimile transmission or similar means;
    2. a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;
    3. a Part or paragraph is a reference to a section, part, or clause of these Terms of Sale.

2. Information About Us

  1. Our Site, www.joseph-clark.co.uk is owned and operated by Joseph Clark London Limited, a company registered in England and Wales under company number 12571413, whose registered address and main trading address is 54 Walkern Road, Stevenage, Hertfordshire, England, SG1 3RB.
  2. We use and own the registered trade mark “Joseph Clark”.

3. How to Contact Us

  1. To contact Us with general questions or complaints by email, please email Us at info@joseph-clark.co.uk, to contact Us by telephone, please call Us on 07581 245540 and to contact Us by post, please write to Us at 54 Walkern Road, Stevenage, Hertfordshire, SG1 3RB.
  2. To contact Us about the Goods or your Order or about cancellations, please contact Us using any of Our contact details stated above.
  3. We provide the following Contact Tools for you to contact Us:
    1. Contact Us Form
  4. Use of Our Contact Tools is subject to Part 3 of Our Website Terms of Use, available at https://joseph-clark.co.uk/terms-and-conditions/#website-terms-of-use-consumers/.


4. Access to Our Site and Use of Our Site

  1. Access to Our Site is free of charge.
  2. It is your responsibility to make the arrangements necessary in order to access Our Site.
  3. Use of Our Site is subject to Our Website Terms of Use, available at https://joseph-clark.co.uk/terms-and-conditions/#website-terms-of-use-consumers/. Please ensure that you have read them carefully, that you understand them, and that you agree to them.


5. Changes to these Terms of Sale

  1. We may alter these Terms of Sale from time to time, for example, to reflect changes in relevant laws and regulatory requirements. The date on which these terms were last modified can be seen at the beginning of these Terms. If the changes are likely to affect your Order, We will inform you in advance by in writing and you may contact Us to end the Contract before the changes take effect. If you end the Contract for this reason, you will receive a refund for any Goods paid for but not received.
  2. If any part of the current version of these Terms of Sale conflicts with any previous version(s), the current version shall prevail unless We explicitly state otherwise.


6. Business Customers

These Terms of Sale do not apply to customers purchasing Goods in the course of business. If you are a business customer, please consult our Business Terms of Sale at https://joseph-clark.co.uk/terms-and-conditions/#terms-of-sale-business-customers/.


7. International Customers

Please note that We only deliver within the United Kingdom.


8. Goods, Descriptions, and Changes

  1. We make all reasonable efforts to ensure that all descriptions and images of Goods available from Us on Our Site match the actual Goods. Please note, however, the following:
    1. Images of Goods are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product due to differences in computer or device displays and lighting conditions;
    2. Images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of Goods may vary; and
    3. Where our Goods are not new, they are being supplied in the case of a second-hand product, supplied as an antique or as a product to be repaired or reconditioned prior to being used. These Goods often bear age-related marks and wear which We believe adds to their character and historical value. By purchasing Goods from Us you accept that it is to be reasonably expected and that any age-related marks and wear may be present.
  2. Where We offer variations to the Goods, you may be required to select the required size, model, colour, or number, of the Goods that you are purchasing. Due to the nature of the Goods sold through Our Site, there may be up to a 5% variance in the size, dimensions, measurements, or weight, of those Goods between the actual Goods and the description. We will endeavour to make the options as clear as possible on Our Site.
  3. The majority of our Goods are stocked in quantities greater than one and in such cases, Goods of the same type are sold under the same product code. Due to the historical nature of these items and as a result of traditional manufacturing techniques being used, there may be some differences between items being sold under the same product code. These differences may include variations in surface wear, weight, size and the spatial orientation of components (as explained in Part 8.2 above). We, nonetheless, include these items under the same product code as We believe the variations described above are minor, should be expected and do not detract from the overall style and visual appearance of the Goods.
  4. We cannot guarantee that Goods will always be available. Stock indications are provided on Our Site, however such indications must not be relied upon due to any possible delay in the update of Our systems.
  5. Minor changes may, from time to time, be made to certain Goods between your Order being placed and Us processing that Order and dispatching the Goods, for example, to reflect changes in relevant laws and regulatory requirements, or to address particular electronic, technical or mechanical issues. Any such changes will not change any main characteristics of the Goods and will not normally affect your use of those Goods. However, if any change is made that would affect your use of the Goods, suitable information will be provided to you.
  6. In some cases, as explained in the description of Goods on Our Site, more significant changes may be made to the Goods. If any such changes are made and will affect your Order, We will notify you in writing before the changes take effect and you will be given an opportunity to cancel your Order (or the affected part thereof), and We will issue a refund for any Goods paid for but not received.


9. Pricing

  1. We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. All pricing information is reviewed and updated if necessary on a weekly basis. Changes in price will not affect any order that you have already placed.
  2. All prices are checked by Us before We accept your Order. In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake. If the correct price is lower than that shown when you made your Order, We will simply charge you the lower amount and continue processing your Order. If the correct price is higher, We will give you the option to purchase the Goods at the correct price or to cancel your Order or the affected part of it. We will not proceed with processing your Order in this case until you respond. If We do not receive a response from you within five working days, We will treat your Order as cancelled and notify you of this in writing.
  3. Where delivery charges are applicable, delivery charges are not included in the price of Goods displayed on Our Site. For more information on delivery charges, please refer to https://joseph-clark.co.uk/shipping-and-delivery/. Delivery options and related charges will be presented to you as part of the order process.


10. Orders and How Contracts Are Formed

  1. Our Site will guide you through the ordering process. Before submitting your Order, you will be given the opportunity to review and amend it. Please ensure that you check your Order carefully before submitting it.
  2. If you provide Us with incorrect or incomplete information during the order process, please contact Us as soon as possible. Where any information is required, it will be stated on Our Site, either in the product descriptions or during the order process, as applicable.
    If We cannot process your Order due to incorrect or incomplete information, We will contact you to ask you to correct it or provide the missing information required for Us to supply the Goods to you.
    If you do not provide the required information within a reasonable period of Us asking for it, or if the information is inaccurate or incomplete, We may either end the Contract or charge you a reasonable sum as compensation for the extra work required as a result.
    We will not be responsible for supplying the affected Goods late or for not supplying the affected Goods if this is due to you not providing Us with the required information within a reasonable period of Us asking for it.
  3. No part of Our Site constitutes a contractual offer capable of acceptance.
    Your Order constitutes a contractual offer. Our acceptance of that offer is indicated by Us sending you an Order Confirmation by email.
    Only once We have sent you an Order Confirmation will there be a legally binding Contract between Us and you for the sale of the Goods.
  4. Order Confirmations contain the following information:
    1. Your Order Number;
    2. Confirmation of the Goods ordered including full details of the main characteristics of those Goods;
    3. Fully itemised pricing for the Goods ordered including, where appropriate, taxes, delivery, and other additional charges; and
    4. Estimated delivery date(s).
  5. We will also include a paper copy of your Order Confirmation with your Goods.
  6. Please quote your Order Number if you contact Us about your Order for any reason. You do not have to do this, but it may help Us to locate your Order and help you more quickly and easily.
  7. In the unlikely event that We cannot accept your Order for any reason, We will inform you in writing and explain why. No payment will be taken under normal circumstances. If We have taken payment, any such sums will be refunded.
  8. We may not accept your Order because the Goods are out of stock, because of unexpected limits on Our resources that We could not have reasonably planned for, because We have identified a mistake in the description or price of the Goods, because We are not able to meet a delivery deadline that you have set or We are not able to deliver to your location.


11. Payment

  1. Payment for Goods and related delivery charges must always be made in advance and you will be prompted to pay during the ordering process.
  2. We will not charge your chosen payment method until We dispatch the Goods.
  3. We accept the following methods of payment on Our Site:
    1. Mastercard
    2. Visa
    3. American Express
  4. We reserve the right to refuse certain types of payment.


12. When You Own the Goods

Ownership of the Goods passes to you once We have received payment in full of all sums due (including any applicable delivery charges).


13. Delivery

  1. All Goods purchased through Our Site will normally be delivered within 5 calendar days after the date of Our Order Confirmation unless otherwise agreed or specified during the Order process.
  2. We will not be responsible for delays that are outside of our reasonable control. If delivery is delayed for such a reason, We will inform you as soon as possible and will take steps to minimise the impact of the delay.
  3. If there is a risk of a substantial delay to delivery, you may contact Us to end the Contract and you will be refunded any sums paid for Goods that you have not received.
  4. If you are collecting the Goods from Us instead of having them delivered to you, they can be collected by appointment only.
  5. If you (or someone on your behalf) are not available at your address to take delivery of the Goods and they cannot be posted through your letterbox, We will leave a note informing you of how to arrange for re-delivery or of where to collect the Goods.
  6. If you do not collect the Goods or rearrange delivery within 5 working days We will contact you to ask you how you wish to proceed. If We cannot contact you or arrange redelivery or collection, We will treat the Contract as cancelled and recover the Goods. If this happens, you will be refunded the purchase price of the Goods themselves, but not the cost of delivery if applicable. We may also invoice you for any reasonable additional cost that We incur in recovering the Goods.
  7. In the unlikely event that We fail to deliver the Goods within 30 calendar days of Our Order Confirmation (or as otherwise agreed or specified), if any of the following apply you may treat the Contract as being at an end immediately:
    1. We have refused to deliver your Goods; or
    2. In light of all relevant circumstances, delivery within that time period was essential; or
    3. You told Us when ordering the Goods that delivery within that time period was essential.
  8. If you do not wish to cancel under Part 13.7, or if none of the specified circumstances apply, you may specify a new (reasonable) delivery date. If We fail to meet the new deadline, you may then treat the Contract as being at an end.
  9. You may cancel all or part of your Order under Parts 13.7 or 13.8 provided that separating the Goods in your Order would not significantly reduce their value.
  10. Any sums that you have already paid for cancelled Goods and their delivery will be refunded to you.
  11. If any cancelled Goods are delivered to you, you must return them to Us or arrange for their collection. We will cover the costs of postage or collection. Please contact Us using the details provided above in Part 3 for a return label or to arrange collection.
  12. Delivery shall be deemed complete once We have delivered the Goods to the address including, where relevant, any alternative address you have provided
  13. Ownership of the Goods passes to you once We have received payment in full of all sums due (including any applicable delivery charges).
  14. Responsibility for (the risk in) the Goods will pass to you on the later of the following dates (1) when delivery is complete, as defined in Part 13.12 or (2) if for any reason the delivery has not been fulfilled after 14 days from the date of payment described in Part 13.13.
  15. As explained in Part 10.2, We will not be responsible for delivering Goods late or for not delivering Goods if this is due to you not providing Us with required information within a reasonable period of Us asking for it.


14. Faulty, Damaged, or Incorrect Goods

  1. This Part 14 provides a summary of your legal rights as a consumer. These rights may be subject to certain exceptions. For full details please refer to the Citizens Advice website or contact them on 0808 223 1133. Nothing in these Terms of Sale will affect your legal rights.
  2. Given the fragile nature of the glass and other delicate components in the Goods, upon acceptance of delivery We advise that you take all reasonable care and precautions in respect of safe handling to avoid damage. If upon opening the package on delivery of the Goods you notice any breakage or damage to the Goods you shall contact Us as soon as possible and in any event with 24 hours to notify Us. We may ask you for photographs of the damage as the onus is on you to prove to Us that the Goods were damaged when you received them.
  3. The Consumer Rights Act 2015 requires that goods must be as described, fit for purpose, and of satisfactory quality. During the expected lifespan of a product, your legal rights are as follows:
    1. Beginning on the day that you receive the Goods (and ownership of them) you have a 30 calendar day right to reject them and to receive a full refund if they do not conform as stated above.
    2. If you do not wish to reject the Goods, or if the 30 calendar day rejection period has expired, you may request a repair of the Goods or a replacement. We will cover any associated costs and will carry out the repair or replacement within a reasonable time and without significant inconvenience to you. In certain circumstances, where a repair or replacement is impossible or otherwise disproportionate, We may instead offer you the alternative (i.e. a replacement instead of a repair or vice versa) or a full refund. If you request a repair or replacement during the 30 calendar day rejection period, that period will be suspended while We carry out the repair or replacement and will resume on the day that you receive the replacement or repaired Goods. If less than 7 calendar days remain out of the original rejection period, the time remaining will be extended to 7 calendar days.
    3. If, after a repair or replacement, the Goods still do not conform (or if We cannot repair or replace them, as described above, or have failed to act within a reasonable time or without significant inconvenience to you), you may ask Us to attempt the repair or replacement again (you do not have to give Us multiple opportunities to do so if you do not want to), or you have the right either to keep the Goods at a reduced price, or to reject them in exchange for a refund.
    4. If you exercise the final right to reject the goods more than six months after you have received the Goods (and ownership of them), We may reduce any refund to reflect the use that you have had out of the Goods.
    5. Within a period of six years after you have received the Goods (and ownership of them), if the Goods do not last a reasonable length of time, you may be entitled to a partial refund. Please be aware that after six months have passed since you received the Goods, you must prove that the defect or non-conformity existed at the time of delivery.
  4. Please note that you will not be eligible to claim under this Part 14 if:
    1. We informed you of the problem(s) with the Goods before you purchased them or you had the opportunity to examine them before purchase and the problem(s) should have been obvious to you;
    2. You have caused the problem(s) yourself, for example, through misuse or intentional or careless damage;
    3. The non-compliance has arisen as a result of your failure or as a result of the failure of your electrician to follow up to date good trade practice on the correct usage, maintenance, installation, handling and storage of the affected Goods;
    4. You fail to follow Our specific advice set out in Part 14.8 to engage an NICEIC approved electrician to install the Goods;
    5. You have purchased the Goods for an unsuitable purpose that is neither obvious nor made known to Us and the problem(s) has/have resulted from your use of the Goods for that purpose;
    6. The problem(s) is/are the result of normal wear and tear, please refer to section 8.1 c); or
    7. You have changed your mind (please refer to Part 16).
  5. If there is a problem with the Goods, please contact Us using the details provided above in Part 3.
  6. If you exercise your legal right to reject the Goods, you must return them to Us.
  7. To return Goods to Us for any justified reason under this Part 14, please post them to Us, arrange for their collection, or return them in person. We will cover the costs of postage or collection. Please contact Us using the details provided above in Part 3 for a return label or to arrange collection.
  8. Our guidance for safe installation of the Goods is as follows:
      1. Where Goods are electrical lights, they must be thoroughly checked, rewired and fitted by an NICEIC approved electrician and the resulting installation must be tested by them to ensure safe installation. Please visit www.niceic.com for more information on how to source an NICEIC approved electrician.
      2. Our lights are PAT tested to demonstrate a satisfactory build quality. The wiring will not be checked or warrantied by Us and must be modified by an NICEIC approved electrician during the installation process in order to connect to the circuit to power the light and to adhere to current safety standards.
      3. Due to the weight and other dimensions of some Goods We also recommend you seek professional advice and assistance in respect of siting them safely.
  9. Subject to Part 20.3 and to the fullest extent permitted by law, We accept no liability for any injury, death or other losses once the Goods have been accepted into your possession.

15. Your Rights to Cancel and End the Contract

  1. If the Goods are faulty or misdescribed, you may have a legal right to end the Contract, to have the Goods repaired or replaced, or to get a full or partial refund. Please refer to Part 14, above, for more information.
  2. If you are a consumer and have changed your mind, you may have a legal right to a “cooling-off period” within which you can end the Contract for any reason. Please refer to Part 16, below, for more information.
  3. If you wish to end the Contract because of something We have done or are going to do, please refer to Part 17, below, for more information.


16. Cancelling and Ending the Contract if You Change Your Mind

  1. If you are a consumer, the Consumer Contracts Regulations 2013 give you the legal right to change your mind and end the Contract for any reason. This 14 calendar day “cooling-off period” begins once your Order is complete and We send you the Order Confirmation, i.e. when the Contract is formed, and ends as set out below. You may also cancel for any reason before We send the Order Confirmation:
    1. If the Goods are being delivered to you in a single instalment, the cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the Goods.
    2. If the Goods are being delivered to you in a single instalment, the cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the Goods.
    3. If the Goods are being delivered in separate instalments on separate days, the cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the final instalment of Goods.
  2. If you wish to end the Contract for this reason, you must inform Us within the cooling-off period. You may inform Us in any way you wish (including by email, post, or telephone). Please state that you want to cancel and end the Contract, providing your name, address, details of your Order and, where possible, your email address and telephone number. Our contact details are provided above in Part 3.
  3. Your cancellation notice is effective from the date on which We receive notice of your wish to cancel. Provided you send your cancellation notice or contact Us directly by 23:59:59 on the final day of the cooling-off period, your cancellation will be valid and accepted.
  4. Please note that this right to cancel may not apply in the following if the Goods have been personalised or custom-made for i.e. if the goods have been cut to size, adjusted or modified at your request.


17. Cancelling and Ending the Contract Because of Something We Have Done or Will Do

  1. You may have the right to cancel and end the Contract because of something We have done or have informed you that We are going to do. This right to cancel applies in the following circumstances:
    1. We have informed you about an upcoming change to these Terms of Sale that you do not agree to (see Part 5.1);
    2. We have informed you about an upcoming change to the Goods that you do not agree to (see Part 8.6);
    3. We have informed you about an error in the price or description of the Goods and you do not wish to proceed;
    4. There is a risk that delivery of the Goods will be substantially delayed due to events outside of Our control (see Part 13.3);
    5. You have a legal right to end the Contract because We have done something wrong (including where We have not delivered the Goods on time and the circumstances in Part 13.7 or 13.8 apply).
  2. If you cancel and end the Contract for any of the reasons set out in this Part 17, the Contract will end immediately and you will receive a full refund for any Goods which have not yet been provided. You may also be entitled to compensation.
  3. If you wish to end the Contract for this reason, you may inform Us in any way you wish (including by email, post, or telephone). Please state that you want to cancel and end the Contract, providing your name, address, details of your Order and, where possible, your email address and telephone number.

18. Returning Goods After Cancelling and Ending the Contract

  1. Subject to your right to partially cancel your Order under Part 13.9, if you cancel and end the Contract for any reason after Goods have been dispatched or delivered to you, you must return the Goods to Us or arrange for their collection. Please contact Us using the details provided above in Part 3 for a return label or to arrange collection.
  2. If you are exercising your right to change your mind under the cooling-off period as set out in Part 16, you must return the Goods to Us no more than 14 calendar days after the day on which you informed Us that you wish to cancel.
  3. If you are returning the Goods to Us in person instead of posting them or having them collected, they can be returned by appointment only.
  4. We will cover the costs of returning the Goods to Us in the following circumstances:
    1. The Goods are faulty or misdescribed;
    2. You are cancelling and ending the Contract because of upcoming changes to these Terms of Sale that you do not agree to;
    3. You are cancelling and ending the Contract because of upcoming changes to the Goods that you do not agree to;
    4. You are cancelling and ending the Contract because We have made an error in the price or description;
    5. You are cancelling and ending the Contract because there is a risk that delivery of the Goods will be substantially delayed due to events outside of Our Control;
    6. You are cancelling and ending the Contract because you have a legal right to do so because We have done something wrong (including where We have not delivered the Goods on time and the circumstances in Part 13.7 or 13.8 apply).
  5. In all other circumstances including where you are exercising your right to change your mind under the cooling-off period, you must cover the costs of returning the Goods to Us.
  6. If you are responsible for the costs of returning the Goods to Us and We are collecting them, the cost charged to you will only be the direct cost to Us of collecting the Goods.


19. Refunds

  1. All refunds due to you will be made using the same method used by you when paying for the Goods. You will be refunded the price paid for the Goods and for delivery if applicable, subject to the following limitations and deductions:
    1. If you are exercising your right to change your mind under the cooling-off period, We may reduce your refund to reflect any reduction in the value of the Goods if that reduction has been caused by your handling of the Goods in a way that would not be permitted in a shop. If We issue the refund before inspecting the Goods and subsequently discover that you have handled them in this way, We may charge you an appropriate sum which reflects the reduction in value of the goods caused by your mishandling.
    2. Standard delivery charges (i.e. the cheapest option available for your Order) will be refunded, but We do not reimburse premium delivery charges. If, for example, Our free or cheapest delivery option is 3 to 5 days, but you select 24 hours, your refund for delivery charges will only be equivalent to the cost of the free or cheaper option.
  2. All refunds due to you will be made as soon as possible. If you are exercising your right to change your mind under the cooling-off period, We will issue your refund within 14 calendar days of:
    1. The day on which We receive the returned Goods;
    2. The day on which you inform Us (supplying evidence) that you have sent the Goods back (if this is earlier);
    3. If We are collecting the Goods, the day on which you inform Us that you wish to cancel and end the Contract; or
    4. If We have not yet provided an Order Confirmation or have not yet dispatched the Goods, the day on which you inform Us that you wish to cancel and end the Contract.


20. Our Liability to Consumers

  1. We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms of Sale (or the Contract) or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
  2. As you are purchasing goods from Us for domestic and private use as a consumer, We make no warranty or representation that the Goods are fit for commercial, business or industrial use of any kind (including resale). We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
  3. Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
  4. Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a consumer including, but not limited to, those explained above in Part 14.


21. Complaints and Feedback

  1. We always welcome feedback from Our customers and, whilst We always use reasonable efforts to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
  2. If you wish to complain about any aspect of your dealings with Us, please contact Us using the contact details provided above in Part 3.


22. How We Use Your Personal Information

We will only use your personal information as set out in Our Privacy Policy, available from https://joseph-clark.co.uk/privacy-policy/ and Our Cookie Policy, available from https://joseph-clark.co.uk/cookie-policy/.


23. What Happens if We Transfer this Agreement to Another Party

We may transfer (assign) Our obligations and rights under these Terms of Sale (and the Contract) to a third party (this may happen, for example, if We sell Our business). If this Occurs, We will inform you in writing. We will ensure that your rights under these Terms of Sale (and the Contract) will not be affected and Our obligations under these Terms of Sale (and the Contract) will be transferred to the third party who will remain bound by them.


24. Other Important Terms

  1. You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission.
  2. The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.
  3. If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.
  4. No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.


25. Law and Jurisdiction

  1. These Terms of Sale, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
  2. If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Part 25.1 takes away from or reduces your legal rights as a consumer.
  3. If you are a consumer, any dispute, controversy, proceedings, or claim between you and Us relating to these Terms of Sale or to the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

    Terms of Sale (Business Customers)

    Last Updated 13.08.2021

    BACKGROUND:

    These Terms of Sale set out the terms under which Goods are sold by Us to business customers through this website, www.joseph-clark.co.uk (“Our Site”). Please read these Terms of Sale carefully and ensure that you understand them before ordering any Goods from Our Site. You will be required to read and accept these Terms of Sale when ordering Goods. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Goods through Our Site. These Terms of Sale, as well as any and all Contracts are in the English language only.

    1. Definitions and Interpretation

    In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:

     

    “Contract”

    means a contract for the purchase and sale of Goods, as explained in Clause 7;

    “Goods”

    means the goods sold by Us through Our Site;

    “Order”

    means your order for Goods;

    “Order Confirmation”

    means Our acceptance and confirmation of your Order;

    “Order Number”

    means the reference number for your Order; and

    “We/Us/Our”

    means Joseph Clark London Limited, a company registered in England and Wales under company number 12571413, whose registered address and trading address is at 54 Walkern Road, Stevenage, Hertfordshire, England, SG1 3RB.

    2. Information About Us

    1. Our Site, www.joseph-clark.co.uk is owned and operated by Joseph Clark London Limited, a company registered in England and Wales under company number 12571413, whose registered address and main trading address is 54 Walkern Road, Stevenage, Hertfordshire, England, SG1 3RB.
    2. We use and own the registered trade mark “Joseph Clark”.

    3. Access to and Use of Our Site

    1. Access to Our Site is free of charge.
    2. It is your responsibility to make any and all arrangements necessary in order to access Our Site.
    3. Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
    4. Use of Our Site is subject to Our Website Terms of Use https://joseph-clark.co.uk/terms-and-business/#website-terms-of-use-business-customers/. Please ensure that you have read them carefully and that you understand them.

    4. Business Customers and Consumers

    1. These Terms of Sale apply to business customers only. These Terms of Sale do not apply to individual consumers purchasing Goods for personal use (that is, not in connection with, or for use in, their trade, business, craft, or profession). If you are a consumer, please consult Our Consumer Terms of Sale https://joseph-clark.co.uk/terms-and-business/#terms-of-sale-consumers/.
    2. These Terms of Sale constitute the entire agreement between Us and you with respect to your purchase of Goods from Us. You acknowledge that you have not relied upon any statement, representation, warranty, assurance, or promise made by or on behalf of Us that is not set out in these Terms of Sale and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based upon any statement herein.

    5. International Customers

    Please note that We only deliver within the United Kingdom.

    6. Goods, Pricing and Availability

    1. We make all reasonable efforts to ensure that all descriptions and graphical representations of Goods available from Us correspond to the actual Goods. Please note, however, the following:
      1. Images of Goods are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product sold due to differences in device displays and lighting conditions;
      2. Images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of Goods may vary; and
      3. Where our Goods are not new, they are being supplied in the case of a second-hand product, supplied as an antique or as a product to be repaired or reconditioned prior to being used. These Goods often bear age-related marks and wear which We believe adds to their character and historical value. By purchasing Goods from Us you accept that it is to be reasonably expected and that any age-related marks and wear may be present.
    2. Where We offer variations to the Goods, you may be required to select the required size, model, colour, or number, of the Goods that you are purchasing. Due to the nature of the Goods sold through Our Site, there may be up to a 5% variance in the size, dimensions, measurements, or weight, of those Goods between the actual Goods and the description. We will endeavour to make the options as clear as possible on Our Site.
    3. The majority of our Goods are stocked in quantities greater than one and in such cases, Goods of the same type are sold under the same product code. Due to the historical nature of these items and as a result of traditional manufacturing techniques being used, there may be some differences between items being sold under the same product code. These differences may include variations in surface wear, weight, size and the spatial orientation of components (as explained in Clause 6.2 above). We, nonetheless, include these items under the same product code as We believe the variations described above are minor, should be expected and do not detract from the overall style and visual appearance of the Goods.
    4. We cannot guarantee that Goods will always be available. Stock indications are provided on Our Site, however such indications must not be relied upon due to any possible delay in the update of Our systems.
    5. Minor changes may, from time to time, be made to certain Goods between your Order being placed and Us processing that Order and dispatching the Goods, for example, to reflect changes in relevant laws and regulatory requirements, or to address particular electronic, technical or mechanical issues. Any such changes will not change any main characteristics of the Goods and will not normally affect your use of those Goods. However, if any change is made that would affect your use of the Goods, suitable information will be provided to you.
    6. In some cases, as explained in the description of Goods on Our Site, more significant changes may be made to the Goods. If any such changes are made and will affect your Order, We will notify you in writing before the changes take effect and you will be given an opportunity to cancel your Order (or the affected part thereof), and We will issue a refund for any Goods paid for but not received.
    7. We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. Changes in price will not affect any order that you have already placed.
    8. All prices are checked by Us before We accept your Order. In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake. If the correct price is lower than that shown when you made your Order, We will simply charge you the lower amount and continue processing your Order. If the correct price is higher, We will give you the option to purchase the Goods at the correct price or to cancel your Order (or the affected part of it). We will not proceed with processing your Order in this case until you respond. If We do not receive a response from you within five working days, We will treat your Order as cancelled and notify you of this in writing.
    9. In the event that the price of Goods you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.
    10. Where delivery charges are applicable, delivery charges are not included in the price of Goods displayed on Our Site. For more information on delivery charges, please refer to https://joseph-clark.co.uk/shipping-and-delivery/. Delivery options and related charges will be presented to you as part of the order process.

    7. Orders – How Contracts Are Formed

    1. Our Site will guide you through the ordering process. Before submitting your Order you will be given the opportunity to review your Order and amend it. Please ensure that you have checked your Order carefully before submitting it.
    2. If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process your Order due to incorrect or incomplete information, We will contact you to ask to correct it. If you do not give Us the accurate or complete information within a reasonable time of Our request, We will cancel your Order and treat the Contract as being at an end. If We incur any costs as a result of your incorrect or incomplete information, We may pass those costs on to you.
    3. No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acknowledgement of receipt of your Order does not mean that We have accepted it. Our acceptance is indicated by Us sending you an Order Confirmation by email. Only once We have sent you an Order Confirmation will there be a legally binding Contract between Us and you.
    4. Order Confirmations shall contain the following information:
      1. Your Order Number;
      2. Confirmation of the Goods ordered including full details of the main characteristics of those Goods;
      3. Fully itemised pricing for the Goods ordered including, where appropriate, taxes, delivery and other additional charges; and
      4. Estimated delivery date(s).

      5. We will also include a paper copy of the Order Confirmation with your Goods.

      6. In the unlikely event that We do not accept or cannot fulfil your Order for any reason, We will inform you in writing and explain why. No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to you as soon as possible and in any event within 14 days.

      7. Any refunds due under this Clause 7 will be made using the same payment method that you used when ordering the Goods.

    8. Payment

        1. Payment for Goods and related delivery charges must always be made in advance and you will be prompted to pay during the ordering process. Your chosen payment method will not be charged until We dispatch the Goods.
        2. Payment must be made in full for your Order, without any set-off, counterclaim, deduction, or withholding (except where any deduction or withholding of tax is required by law).
        3. We reserve the right to refuse certain types of payment.
        4. We accept the following methods of payment on Our Site:
          1. Mastercard
          2. Visa
          3. American Express

    9. Delivery, Risk and Ownership

        1. All Goods purchased through Our Site will normally be delivered within 5 calendar days after the date of Our Order Confirmation unless otherwise agreed or specified during the Order process (subject to delays caused by events outside of Our control, for which see Clause 12).
        2. If we are unable to deliver the Goods on the delivery date, the following will apply:
          1. If no one is available at your delivery address to receive the Goods and the Goods cannot be posted through your letterbox or left in a safe place nominated by you, We will leave a delivery note explaining how to rearrange delivery or where to collect the Goods;
          2. If you do not collect the Goods or rearrange delivery within 5 working days We will contact you to ask you how you wish to proceed. If We cannot contact you or arrange redelivery or collection, We will treat the Contract as cancelled and recover the Goods. If this happens, you will be refunded the purchase price of the Goods themselves, but not the cost of delivery. We may also charge you for any reasonable additional costs that We incur in recovering the Goods.
        3. In the unlikely event that We fail to deliver the Goods within 30 calendar days of Our Order Confirmation (or as otherwise agreed or specified as under sub-Clause 9.1), if any of the following apply you may treat the Contract as being at an end immediately:
          1. We have refused to deliver your Goods; or
          2. In light of all relevant circumstances, delivery within that time period was essential; or
          3. You told Us when ordering the Goods that delivery within that time period was essential.
        4. If you do not wish to cancel under sub-Clause 9.3 or if none of the specified circumstances apply, you may specify a new (reasonable) delivery date. If We fail to meet the new deadline, you may then treat the Contract as being at an end.
        5. You may cancel all or part of your Order under sub-Clauses 9.3 or 9.4 provided that separating the Goods in your Order would not significantly reduce their value. Any sums that you have already paid for cancelled Goods and their delivery will be refunded to you within 14 days. Please note that if any cancelled Goods are delivered to you, you must return them to Us or arrange with Us for their collection. In either case, We will bear the cost of returning the cancelled Goods.
        6. Delivery shall be deemed complete once We have delivered the Goods to the address including, where relevant, any alternative address you have provided.
        7. Ownership of the Goods passes to you once We have received payment in full of all sums due (including any applicable delivery charges).
        8. Responsibility for (the risk in) the Goods will pass to you on the later of the following dates (1) when delivery is complete, as defined in sub-Clause 9.6 or (2) if for any reason the delivery has not been fulfilled after 14 days from the date of payment described in sub-Clause 9.7.
        9. Any refunds due under this Clause 9 will be made using the same payment method that you used when ordering the Goods.

    10. Faulty, Damaged or Incorrect Goods

        1. We warrant that the Goods, on delivery, shall be as described; be free from material defects in design, material, and workmanship; be of satisfactory quality (as defined in the Sale of Goods Act 1979); and be fit for any purpose described by Us.
        2. Given the fragile nature of the glass and other delicate components in the Goods, upon acceptance of delivery We advise that you take all reasonable care and precautions in respect of safe handling to avoid damage. If upon opening the package on delivery of the Goods you notice any breakage or damage to the Goods you shall contact Us as soon as possible and in any event with 24 hours to notify Us. We may ask you for photographs of the damage as the onus is on you to prove to Us that the Goods were damaged when you received them.
        3. If any Goods you have purchased do not comply, subject to sub-Clause 10.4 and your compliance with sub-Clauses 10.3.1 to 10.3.3, We shall, at Our option, repair the affected Goods, replace them, or issue you with a full refund for the price of the affected Goods. The following conditions shall apply:
          1. You must give Us written notice of the non-compliance within a reasonable time of discovering it;
          2. You must return the Goods in question to Us at Our expense (see sub-Clause 10.7 for more information); and
          3. You must give Us a reasonable opportunity to examine the Goods in question.
        4. We will not be liable for any non-compliance with the provisions of sub-Clause 10.1 of any Goods if any of the following apply:
          1. You have made any further use of the affected Goods after giving Us written notice of the non-compliance under sub-Clause 10.3.1;
          2. The non-compliance has arisen as a result of your failure or as a result of the failure of your electrician to follow up to date good trade practice on the correct usage, maintenance, installation, handling and storage of the affected Goods;
          3. You fail to follow Our specific advice set out in Clause 10.11 to engage an NICEIC approved electrician to install the Goods;
          4. The non-compliance has arisen as a direct result of any information (incorrect or otherwise) provided by you to Us;
          5. You have made any unauthorised alterations or repairs to the affected Goods; or
          6. The non-compliance is the result of normal wear and tear, deliberate damage, negligence, or abnormal or unsuitable working conditions.
        5. The terms of this Clause 10 shall also apply to any Goods which are repaired or replaced by Us under sub-Clause 10.3.
        6. Except as provided in this Clause 10, We shall have no further liability to you with respect to Goods which do not comply with sub-Clause 10.1.
        7. To return Goods to Us for any reason under this Clause 10, please contact Us at info@joseph-clark.co.uk to arrange for a collection and return. We will be fully responsible for the costs of returning Goods under this Clause 10 and will reimburse you where appropriate.
        8. Refunds (whether full or partial) under this Clause 10 will be issued within 14 days of the day on which We agree that you are entitled to the refund.
        9. Any and all refunds issued under this Clause 10 will include all delivery costs paid by you when the Goods were originally purchased.
        10. Refunds under this Clause 10 will be made using the same payment method that you used when ordering the Goods.
        11. Our guidance is as follows:
          1. Where Goods are electrical lights, they must be thoroughly checked, rewired and fitted by an NICEIC approved electrician and the resulting installation must be tested by them to ensure safe installation. Please visit https://www.niceic.com for more information on how to source an NICEIC approved electrician.
          2. Our lights are PAT tested to demonstrate a satisfactory build quality. The wiring will not be checked or warrantied by Us and must be modified by an NICEIC approved electrician during the installation process in order to connect to the circuit to power the light and to adhere to current safety standards.
          3. Due to the weight and other dimensions of some Goods We also recommend you seek professional advice and assistance in respect of siting them safely.
        12. Subject to Clause 11.4 and to the fullest extent permitted by law, We accept no liability for any injury, death or other losses once the Goods have been accepted into your possession.

    11. Our Liability

        1. Subject to sub-Clause 11.4, We will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, interruption to business, for any loss of business opportunity, or for any indirect or consequential loss arising out of or in connection with any contract between you and Us.
        2. Subject to sub-Clause 11.4, Our total liability to you for all other losses arising out of or in connection with any contract between you and Us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the cost of the total sums paid by you for the Goods under the contract in question.
        3. Except to the extent expressly set out in sub-Clause 10.1, the terms implied by Sections 13 to 15 of the Sale of Goods Act 1979 and by Sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
        4. Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); for fraud or fraudulent misrepresentation; for breach of the terms implied by Section 12 of the Sale of Goods Act 1979 or Section 2 of the Supply of Goods and Services Act 1982; for defective products under the Consumer Protection Act 1987; or for any other matter in respect of which liability cannot be excluded or restricted by law.

    12. Events Outside of Our Control (Force Majeure)

        1. We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
        2. If any event described under this Clause 12 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:
          1. We will inform you as soon as is reasonably possible;
          2. We will take all reasonable steps to minimise the delay;
          3. To the extent that We cannot minimise the delay, Our affected obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
          4. We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Goods as necessary;
          5. If the event outside of Our control continues for more than 30 calendar days We will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 30 days and will be made using the same payment method that you used when ordering the Goods;
          6. If an event outside of Our control occurs and continues for more than 30 calendar days and you wish to cancel the Contract as a result, you may do so by informing us via in one of the following ways:
            Telephone: 07581 245540
            Email: info@joseph-clark.co.uk
            Post: 54 Walkern Road, Stevenage, Hertfordshire, SG1 3RB
            In each case, providing Us with your name, address, email address, telephone number, and Order Number. Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible and in any event within 14 days of the date on which the Contract is cancelled and will be made using the same payment method that you used when ordering the Goods.

    13. Communication and Contact Details

    If you wish to contact Us with (1) general questions or complaints; (2) matters relating the Goods or your Order or (3) matters relating to cancellations you may contact Us by telephone at 07581 245540, by email at info@joseph-clark.co.uk or by post at 54 Walkern Road, Stevenage, Hertfordshire, SG1 3RB.

    14. Complaints and Feedback

        1. We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
        2. If you wish to give Us feedback on any aspect of your dealings with Us, please contact Us in one of the following ways:
          1. In writing, addressed to Joseph Clark, Director, 54 Walkern Road, Stevenage, Hertfordshire, SG1 3RB
          2. By email, addressed to Joseph Clark, Director, info@joseph-clark.co.uk

    15. How We Use Your Personal Information (Data Protection)

    We will only use your personal information as set out in Our Privacy Policy, available from https://joseph-clark.co.uk/privacy-policy/ and Our Cookie Policy, available from https://joseph-clark.co.uk/cookie-policy/.

    16. Other Important Terms

        1. We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms of Sale will not be affected and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.
        2. You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission.
        3. The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.
        4. If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.
        5. No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.
        6. We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements. The date on which these terms were last modified can be seen at the beginning of these Terms. If We change these Terms of Sale as they relate to your Order, We will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them. If you do opt to cancel, you must return any affected Goods you have already received and We will arrange for a full refund (including delivery charges) which will be paid within 14 days of your cancellation and will be made using the same payment method that you used when ordering the Goods.

    17. Law and Jurisdiction

        1. These Terms of Sale, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
        2. Any disputes concerning these Terms of Sale, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.

     

     

      Website Terms of Use (Business Customers)

      Last Updated 13.08.2021

      BACKGROUND:

      These Terms of Use, together with any and all other documents referred to herein, set out the terms of use under which you may use this website, www.joseph-clark.co.uk (“Our Site”). Please read these Terms of Use carefully and ensure that you understand them before using Our Site. Your agreement to comply with and be bound by these Terms of Use is deemed to occur upon your first use of Our Site. If you do not agree to comply with and be bound by these Terms of Use, you must stop using Our Site immediately. These Terms of Use do not apply to the sale of goods. Please refer to our Terms of Sale (for Business Customers) for more information https://joseph-clark.co.uk/terms-and-condtions/#terms-of-sale-business-customers/.

      1. Definitions and Interpretation

      In these Terms of Use, unless the context otherwise requires, the following expressions have the following meanings:

      “Content”

      means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;

      “User”

      means a user of Our Site;

      “We/Us/Our”

      means Joseph Clark London Limited, a company registered in England and Wales under company number 12571413, whose registered address and main trading address is 54 Walkern Road, Stevenage, Hertfordshire, England, SG1 3RB.

      2. Information About Us

      Our Site, www.joseph-clark.co.uk is owned and operated by Joseph Clark London Limited, a company registered in England and Wales under company number 12571413, whose registered address and main trading address is 54 Walkern Road, Stevenage, Hertfordshire, England, SG1 3RB.


      3. Access to Our Site

      1. Access to Our Site is free of charge.
      2. It is your responsibility to make any and all arrangements necessary in order to access Our Site.
      3. Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.


      4. Intellectual Property Rights

      1. All Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.
      2. Subject to sub-Clause 4.3 you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site unless given express written permission to do so by Us.
      3. You may:
        1. Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);
        2. Download Our Site (or any part of it) for caching;
        3. Print one copy of any page(s) from Our Site;
        4. Download extracts from pages on Our Site; and
        5. Save pages from Our Site for later and/or offline viewing.
      4. Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.
      5. You may not re-use any Content printed, saved or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so. This does not prohibit the normal access, viewing and use of Our Site whether by business users or consumers.

      5. Links to Our Site

      1. You may link to Our Site provided that:
        1. you do so in a fair and legal manner;
        2. you do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
        3. you do not use any logos or trade marks displayed on Our Site without Our express written permission; and
        4. you do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
      2. You may not link to any page other than the homepage of Our Site, www.joseph-clark.co.uk. Deep-linking to other pages requires Our express written permission. Please contact Us at info@joseph-clark.co.uk for further information.
      3. You may not link to Our Site from any other site, the main content of which contains material that:
        1. is sexually explicit;
        2. is obscene, deliberately offensive, hateful or otherwise inflammatory;
        3. promotes violence;
        4. promotes or assists in any form of unlawful activity;
        5. discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation, or age;
        6. is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
        7. is calculated or is otherwise likely to deceive another person;
        8. is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
        9. misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 5.3);
        10. implies any form of affiliation with Us where none exists;
        11. infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or
        12. is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

       

      6. Links to Other Sites

      Links to other sites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.

       

      7. Liability and Disclaimers

      1. Nothing on Our Site constitutes advice on which you should rely. It is provided for information purposes only.
      2. Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
      3. We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date. Please note that this exception does not apply to information concerning goods for sale through Our Site. Please refer to Our Terms of Sale for more information https://joseph-clark.co.uk/terms-and-condtions/#terms-of-sale-business-customers/.
      4. To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content included on Our Site.
      5. We hereby exclude all implied conditions, warranties, representations or other terms that may apply to Our Site or Content. We will not be liable for any loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
      6. If you are a consumer user, please refer to our Website Terms of Use for Consumers and note that if, as a result of Our failure to exercise reasonable care and skill, any digital content from Our Site damages your device or other digital content belonging to you, you may be entitled to certain legal remedies. For more details on consumer rights, please contact your local Citizens Advice Bureau or Trading Standards Office.
      7. We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
      8. Nothing in these Terms of Use excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.
      9. The limitations of liability included in this Clause 7 apply only to the use of Our Site and not to the sale of goods, which is governed separately by Our Terms of Sale https://joseph-clark.co.uk/terms-and-condtions/#terms-of-sale-business-customers/.

       

      8. Viruses, Malware and Security

      1. We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.
      2. You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
      3. You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
      4. You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
      5. You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
      6. By breaching the provisions of sub-Clauses 8.3 to 8.5, you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.

       

      9. Acceptable Usage Policy

      1. You may only use Our Site in a manner that is lawful and that complies with the provisions of this Clause 9. Specifically:
        1. you must ensure that you comply fully with any and all local, national or international laws and/or regulations;
        2. you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
        3. you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
        4. you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
      2. We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this Clause 9 or any of the other provisions of these Terms of Use. Specifically, We may take one or more of the following actions:
        1. suspend, whether temporarily or permanently, your right to access Our Site;
        2. remove any content submitted by you that violates this Acceptable Usage Policy;
        3. issue you with a written warning;
        4. take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
        5. take further legal action against you as appropriate;
        6. disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
        7. any other actions which We deem reasonably appropriate (and lawful).
      3. We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms of Use.

       

      10. Privacy and Cookies

      Use of Our Site is also governed by Our Cookie Policy https://joseph-clark.co.uk/cookie-policy/and Privacy Policy https://joseph-clark.co.uk/privacy-policy/. These policies are incorporated into these Terms of Use by this reference.

       

      11. Changes to these Terms of Use

      1. We may alter these Terms of Use at any time. If We do so, the date the changes were made will appear at the top of this page. Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented. You are therefore advised to check this page from time to time.
      2. In the event of any conflict between the current version of these Terms of Use and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.


      12. Contacting Us

      To contact Us, please email Us at info@joseph-clark.co.uk or using any of the methods provided on Our contact page at https://joseph-clark.co.uk/contact/.

       

      13. Communications from Us

      1. If we have your contact details We may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes, and changes to these Terms of Use or Our Terms of Sale.
      2. We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time. Any and all marketing emails sent by Us include an unsubscribe link. If you opt out of receiving emails from Us at any time, it may take up to five business days for Us to comply with your request. During that time, you may continue to receive emails from Us.
      3. For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us at info@joseph-clark.co.uk or https://joseph-clark.co.uk/contact/.


      14. Data Protection

      We will only use your personal information as set out in Our Privacy Policy, available from https://joseph-clark.co.uk/privacy-policy/ and Our Cookie Policy, available from https://joseph-clark.co.uk/cookie-policy/.

       

      15. Law and Jurisdiction

      1. These Terms of Use, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
      2. Any disputes concerning these Terms of Use, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.

       

       

       

      Website Terms of Use (Consumers)

      Last Updated 13.08.2021

       

      By Using Our Site You Accept These Terms of Use

      Please read these Terms of Use carefully and ensure that you understand them before using Our Site.

      These Terms of Use, together with any other documents referred to herein (unless otherwise stated), set out the terms of use governing your use of this website, www.joseph-clark.co.uk (“Our Site”). It is recommended that you print a copy of these Terms of Use for your future reference.

      Your agreement to comply with these Terms of Use is indicated by your use of Our Site. If you do not agree to these Terms of Use, you must stop using Our Site immediately.

      The following documents may also apply to your use of Our Site:

      1. Our Privacy Policy, available at https://joseph-clark.co.uk/privacy-policy/. This is also referred to below in Parts 3, and 15.
      2. Our Cookie Policy, available at https://joseph-clark.co.uk/cookie-policy/. This is also referred to below in Part 15.
      3. If you purchase goods from Us, Our Terms of Sale, available at https://joseph-clark.co.uk/terms-and-conditions/#terms-of-sale-consumers/, will apply to the sale. These terms are also referred to below in Parts 11 and 12.

      1. Definitions and Interpretation

      In these Terms of Use, unless the context otherwise requires, the following expressions have the following meanings:

      “Contact” “Tools”

      means any online communications facility that We make available on Our Site enabling you to contact Us including, but not limited to, our contact us form;

      “Content”

      means any and all text, images, audio, video, scripts, code, software, databases, and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;

      “User”

      means a user of Our Site;

      “We/Us/Our”

      means Joseph Clark London Limited

       

      2. Information About Us

      Our Site, www.joseph-clark.co.uk is owned and operated by Joseph Clark London Limited, a company registered in England and Wales under company number 12571413, whose registered address and main trading address is 54 Walkern Road, Stevenage, Hertfordshire, England, SG1 3RB.

      3. How to Contact Us and Your Use of Our Contact Tools

      1. To contact Us by email, please email Us at info@joseph-clark.co.uk or to contact Us by telephone, please call Us on 07581 245540.
      2. We provide the following Contact Tools for you to contact Us:
        1. Contact Us Form
      3. When using Our Contact Tools or contacting Us by any other means, the following rules apply, and you must not communicate, submit, or otherwise do anything that:
          1. is sexually explicit;
          2. in any way sexualises minors (including, but not limited to, child sexual abuse material);
          3. is obscene, deliberately offensive, hateful, or otherwise inflammatory;
          4. promotes violence;
          5. promotes, encourages, incites, or supports acts of terrorism;
          6. promotes or assists in any form of unlawful activity;
          7. is defamatory of another person;
          8. bullies, insults, intimidates, or humiliates another person;
          9. discriminates against, or is in any way defamatory of, any person, group, or class of persons; race; nationality; gender; gender identity; sexual orientation; religious or philosophical beliefs; disability; or age;
          10. is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
          11. is calculated or otherwise likely to deceive;
          12. is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal information in a way that you do not have a right to;
          13. misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive;
          14. implies any form of affiliation with Us or any other party where there is none;
          15. infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, designs, patents, trade marks, and database rights) belonging to Us or any other party;
          16. is in breach of any legal duty owed to another party including, but not limited to, contractual duties and duties of confidence.

          4. We may monitor any and all communications made using Our Contact Tools.

        1. 5. Any personal information sent to Us, whether via Our Contact Tools or otherwise (including, but not limited to, your name and contact details) will be collected, used, and held in accordance with your rights and Our obligations under data protection law, as set out in Our Privacy Policy, available from https://joseph-clark.co.uk/privacy-policy.

        4. Access to Our Site

        1. Access to Our Site is free of charge.
        2. It is your responsibility to make the arrangements necessary in order to access Our Site.
        3. Access to Our Site is provided on an “as is” and on an “as available” basis. We may suspend or discontinue Our Site (or any part of it) at any time. We do not guarantee that Our Site will always be available or that access to it will be uninterrupted.

        5. Changes to Our Site

        We may alter and update Our Site (or any part of it) at any time to make improvements, to list new products or services which may be of interest to you and to adjust pricing which we may deem necessary from time to time.

        6. Changes to these Terms of Use

        1. We may alter these Terms of Use at any time. If We do so, the date the changes were made will appear at the top of this page. Any changes made to these Terms of Use will apply to your use of Our Site the first time you use it after the changes have been implemented. You are advised to check this page every time you use Our Site.
        2. If any part of the current version of these Terms of Use conflicts with any previous version(s), the current version shall prevail unless We explicitly state otherwise.

         

        7. International Users

        Our Site is intended for users in the United Kingdom only. We do not warrant or represent that Our Site or its Content are available in other locations or are suitable for use in other locations.

         

        8. How You May Use Our Site and Content (Intellectual Property)

        1. All Content included on Our Site and the copyright and other intellectual property rights in that Content belongs to or has been licensed by Us, unless specifically labelled otherwise. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.
        2. You may access, view, and use Our Site in a web browser (including any web browsing capability built into other types of software or app) and you may download Our Site (or any part of it) for caching (this usually occurs automatically).
        3. You may print one copy and download extracts of any page(s) from Our Site for personal use only.
        4. You may not use any Content from Our Site for commercial purposes without first obtaining a licence from Us, Our licensors, or the relevant User, as applicable. This does not prevent the normal access, viewing, and use of Our Site for general information purposes by business users or consumers.
        5. Our status as the owner and author of the Content on Our Site (or that of identified licensors or Users, as applicable) must always be acknowledged.

         

        9. Links to Our Site

        1. You may only link to the homepage of Our Site. Linking to other pages on Our Site requires Our express written permission.
        2. Links to Our Site must be fair and lawful. You must not take unfair advantage of Our reputation or attempt to damage Our reputation.
        3. You must not link to Our Site in a manner that suggests any association with Us (where there is none) or any endorsement or approval from Us (where there is none).
        4. Your link should not use any logos or trade marks displayed on Our Site without Our express written permission.
        5. You must not frame or embed Our Site on another website without Our express written permission.
        6. You may not link to Our Site from another website the main content of which is unlawful; obscene; offensive; inappropriate; dishonest; defamatory; threatening; racist, sexist, or otherwise discriminatory; that promotes violence, racial hatred, or terrorism; that infringes intellectual property rights; or that We deem to be otherwise objectionable.

         

        10. Links to Other Sites

        1. Links to other websites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We accept no responsibility or liability for the content of third-party websites.
        2. The inclusion of a link to another website on Our Site is for information purposes only and does not imply any endorsement of that website or of its owners, operators, or any other parties involved with it.

         

        11. Disclaimers

        1. Nothing on Our Site constitutes professional advice on which you should rely. It is provided for general information purposes only.
        2. We make reasonable efforts to ensure that Our Content on Our Site is complete, accurate, and up to date, but to the extent permitted by law, We make no warranties, representations, or guarantees (express or implied) that this will always be the case. Please note that this does not apply to information concerning goods for sale through Our Site. Please refer to Our Terms of Sale, available at https://joseph-clark.co.uk/terms-and-conditions/#terms-of-sale-consumers.
        3. If you are a business user, please refer to our Terms of Use for Businesses and note that we exclude all implied representations, warranties, conditions, and other terms that may apply to Our Site and Content.

         

        12. Our Liability

        1. The provisions of this Part 12 apply only to the use of Our Site and not to the sale of goods. The sale of goods is governed by Our Terms of Sale, available at https://joseph-clark.co.uk/terms-and-conditions/#terms-of-sale-consumers.
        2. Nothing in these Terms of Use excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be lawfully excluded or restricted.
        3. If you are a business user (i.e. you are using Our Site in the course of business or for commercial purposes), please refer to Our terms of use for businesses and note that to the fullest extent permissible by law, We accept no liability for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content included on Our Site.
        4. If you are a business user, please refer to Our terms of use for businesses and note that We accept no liability for loss of profit, sales, business, or revenue; loss of business opportunity, goodwill, or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
        5. As a consumer, you agree that you will not use Our Site for any commercial or business purposes and that We shall have no liability to you for any business losses as set out above.

         

        13. Viruses, Malware, and Security

        1. We exercise reasonable skill and care to ensure that Our Site is secure and free from viruses and malware; however, We do not guarantee that this is the case.
        2. You are responsible for protecting your hardware, software, data, and other material from viruses, malware, and other internet security risks.
        3. You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
        4. You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
        5. You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
        6. By breaching the provisions of Parts 13.3 to 13.5, you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.

         

        14. Acceptable Usage of Our Site

        1. You may only use Our Site in a lawful manner:
          1. You must ensure that you comply fully with any and all local, national, or international laws and regulations that apply;
          2. You must ensure that you comply fully with any and all local, national, or international laws and regulations that apply;
          3. You must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent; and
        2. You must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware or any other code designed to adversely affect computer hardware, software, or data of any kind. If you fail to comply with the provisions of this Part 14 you will be in breach of these Terms of Use. We may take one or more of the following actions in response:
          1. Issue you with a written warning;
          2. Take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
          3. Take further legal action against you, as appropriate;
          4. Disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
          5. Any other actions which We deem reasonably appropriate (and lawful).
        3. We hereby exclude any and all liability arising out of any actions that We may take (including, but not limited to those set out above in Part 14.2) in response to your breach.

         

        15. How We Use Your Personal Information

        We will only use your personal information as set out in Our Privacy Policy, available from https://joseph-clark.co.uk/privacy-policy/ and Our Cookie Policy, https://joseph-clark.co.uk/cookie-policy/.

         

        16. Communications from Us

        1. If we have your contact details, We may send you important notices by email from time to time. Such notices may relate to matters including, but not limited to, changes to Our Site or to these Terms of Use.
        2. We will not send you marketing emails without your express consent. If you do consent to marketing, you may opt out at any time. All marketing emails from Us include an unsubscribe link. If you opt out of emails from Us, it may take up to 5 days for your request to take effect and you may continue to receive emails during that time.
        3. For questions or complaints about communications from Us, please contact Us using the details above in Part 3.

         

        17. What Happens if We Transfer this Agreement to Another Party

        We may transfer (assign) Our obligations and rights under these Terms of Use to a third party (this may happen, for example, if We sell Our business). If this Occurs, We will either inform you in writing or via Our Site. Your rights under these Terms of Use will not be affected and Our obligations under these Terms of Use will be transferred to the third party who will remain bound by them.

         

        18. Law and Jurisdiction

        1. These Terms of Use, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
        2. If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Part 18.1 takes away from or reduces your legal rights as a consumer.
        3. If you are a consumer, any dispute, controversy, proceedings, or claim between you and Us relating to these Terms of Use or to the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.