Terms and conditions
Please read all these terms and conditions.
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these Terms and Conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, email us at firstname.lastname@example.org.
These Terms and Conditions apply to the purchase of Goods by you (the Customer or you). We are Jilla Ltd a company registered in England and Wales under number 09821412 with the office is at 17 Skylines Village Limeharbour, E14 9TS London, UK: email address email@example.com; telephone number 02075151555; (the Supplier or us or we).
- Contract means the legally-binding agreement between you and us for the supply of the Goods;
- Website means our website www.jillaactive.com on which the Goods are advertised;
- Goods mean the goods advertised on the Website that we supply to you of the number and description as set out in the Order;
- Order means the Customer's order for the Goods from the Supplier as submitted following the step by step process set out on the Website;
Stated are the terms which we sell all Goods to you. By entering our site you agree to abide by the Terms and Conditions thereof. The placement of an Order online indicates acceptance of the Terms and Conditions. You can only purchase the Goods from the Website if you are eligible to enter into a Contract and are at least 18 years old.
The content of this Website is for general information and use only. It is subject to change without notice, it is your responsibility to check these Terms and Conditions regularly before ordering Goods.
2. You agree email can be used for communication, notification and billing.
3. All details provided by the Customer when making an Order are current, accurate and complete in all respects, the credit or debit card you are using is your own and there are sufficient funds in your account to cover payment of your Order.
Basis of Sale
4. All Goods which appear on this Website are subject to availability. There may be small discrepancies in size and colour of products displayed on this Website. If we make any changes to products on this Website to comply with applicable law or safety requirements, you will be notified.
5. To purchase Goods from our Website, you must register all details on relevant forms. These details must be accurate and correct with any changes to details notified to Jilla Ltd.
6. The description of Goods on the Website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will notify the reason without delay.
7. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting. It is your responsibility to check you have followed the ordering process correctly.
8. A Contract will be formed for the sale of Goods ordered only when you receive an email confirming the Order (Order Confirmation). You must ensure the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of Contract by means of an email with all information in it. You will receive an Order confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of Goods supplied under the Contract.
9. No variation of the Contract, whether about the description of the Goods, fees or otherwise, can be made after it has been entered into, unless the variation is agreed by the Customer and Jilla Ltd in writing.
10. We intend these Terms and Conditions apply only to a Contract entered into by you as a consumer. The Goods are for your own private and domestic use and are not for resale.
11. We try to keep the Website current, but if for any reason we are unable to fulfil the Order, for example, if the item is out of stock, you will be entitled to a full refund on your payment card.
12. This Website may run promotional activities, which can be withdrawn at any time.
Price and Payment
13. We can make your payment by any major Credit or Debit card. Your card will be debited when placing Order.
14. All of our Goods are priced in pounds sterling and include VAT at the rate applicable at the time of the Order.
15. For European and Worldwide Orders VAT will be deducted at the check-out.
16. The price of the Goods and any additional delivery is set out on the Website at the date of the Order.
17. We reserve the right to change prices without prior notice.
18. Card fraud is illegal and will lead to prosecution.
19. We take utmost care ensuring the Website content is accurate, correct and current. In the unlikely event of errors on this Website, including price, we reserve the right to make corrections at any time including after the placement of an Order. These errors are unintentional and we apologise should inaccuracies occur. If an Order has been placed which includes product errors, such as an incorrect price we will notify you of the correct price and give you the option to reconfirm the Order or cancel. If we can not contact you, we will cancel the Order. Cancelled Orders receive a full refund.
20. We endeavour to deliver the Goods, to the delivery location in the agreed time frame. Goods are subject to availability and we cannot be held responsible for factors affecting delivery beyond our control. We are not liable for any loss, charges, damages, or costs caused by the delay.
21. We aim to efficiently dispatch the Order, but times may vary and it could take up to 7 working days.
22. Regardless of events beyond our control, if we do not deliver the Goods on time, you can treat the Contract at an end if:
a. we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was implemented or you said to us before the Contract was made that delivery on time was essential; or
b. after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within a specified period.
23. If the Contract is cancelled, we will promptly return all payments made under the Contract.
24. If you were entitled to treat the Contract at an end but did not do so, you are not prevented from cancelling the Order or rejecting Goods delivered. If you do this we will return all payments under the Contract for such cancelled or rejected Goods without delay. If the Goods have been delivered, you must return them to us are we will pay the cost of this.
25. For European and Worldwide Orders you may need to pay import duties or other taxes, as we will not pay them. The parcel may be subject to cross-border inspections by custom's authorities.
26. You agree we may deliver the Goods with instalments if we suffer a shortage of stock or other genuine and fair reason
27. If you fail to take delivery of the Goods at the delivery location, we may charge you the reasonable costs of storing and redelivering.
28. The Goods become your responsibility from completion of delivery. You must examine the Goods before accepting them.
Risk and Title
29. Risk of damage or loss of the Goods will pass to you once the Goods are delivered to you.
30. You do not own the Goods until we have received payment in full. If full payment is overdue we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return the Goods or allow us to collect them.
31. We have a legal duty to supply the Goods in conformity with the Contract, and will not have confirmed if it does not meet the following obligation.
32. Upon delivery, the Goods will:
a. be of satisfactory quality;
b. reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
c. conform to the description.
33. We will provide the following after-sales service: the Customer can contact us regarding the care of Jilla clothing. Or should the Customer want to return or exchange an item and needs advice?
Successors and our sub-contractors
34. Either party can transfer benefits of this Contract to someone else and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors chosen to perform its duties.
Circumstances beyond the control of either party
35. In the event of any failure by a party because of something beyond its reasonable control:
a. the party will advise the other party as soon as reasonably practicable; and
b. the party's obligations will be suspended as is reasonable, provided that the party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's above rights relating to the delivery and any right to cancel.
36. We do not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to Customer's business, trade, craft or profession.
37. All content of www.jillaactive.com is owned or licensed to us. This material includes, but not limited to, the design, graphics, layout and look.
Governing law, jurisdiction and complaints
38. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
39. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
40. We try to avoid any disputes. If a dispute occurs Customers should contact us to find a solution. We aim to respond with an appropriate solution within 5 days.
Right to cancel
41. This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below.
42. Subject as stated in these Terms and Conditions, you may cancel this Contract within 14 days from the day you receive the Goods, without giving any reason.
43. To exercise the right to cancel, you must inform us of your decision to cancel by a clear statement setting out you decision. A cancellation form is provided, please return by email or post.
Effects of cancellation in cancellation period
44. Except as detailed, if you cancel this Contract, we will reimburse all payments received from you, including delivery costs (except supplementary costs arising if you chose a delivery other than least expensive type of standard delivery offered by us).
Deduction for Goods supplied
45. We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (ie handling the Goods beyond what is necessary to establish nature, characteristics and functioning of Goods: eg goes beyond handling reasonably allowed in a shop). Customer will be liable for such loss and if that deduction is not made, must pay us the amount of that loss.
Timing of reimbursement
46. We will make the reimbursement without undue delay, and not later than:
a. 14 days after the day we receive back from you any Goods supplied or
b. (if earlier) 14 days after the day you provide evidence that you have sent back the Goods.
47. If no Goods were supplied, we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.
48. We will make the reimbursement using the same means of payment as you used for the initial transaction unless expressly agreed otherwise; in any event, you will not incur any fees as a result of reimbursement.
49. If you have received Goods in connection with the Contract you have cancelled, you must return the Goods or deliver them to Jilla Ltd, Angel House, 225 Marsh Wall, London, E14 9FW without delay and not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 14 days has expired.
50. For purposes of these Cancellation Rights, such wording has following meanings:
a. distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
b. sales contract means a contract under which a trader transfers or agrees to transfer the ownership of Goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both Goods and services as its object