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These Terms & Conditions apply to the use of this internet Website i.e. www.jackmichaelmenswear.com. By using this Website, visitors signify their agreement to these Terms & Conditions. If you do not agree to be bound by these Terms & Conditions, then you may not use this Website. If you have any questions relating to these Terms & Conditions they may be raised by e-mail via email@example.com.
"Conditions" means these terms and conditions and the Special Conditions.
"Cookies" means small text files which this Website places on your computer's hard drive to store information about your shopping session and to identify your computer so as to personalise your user experience.
"Personal Information" means the details provided by the user on registration and when placing an order.
"Product" means a product displayed for sale on the Website.
"Product Description" means that part of the Website where certain terms and conditions in respect of the individual Product are provided.
"Special Conditions" means the terms and conditions relating to the Product, including where applicable washing, drying and ironing information attached to the Product.
"User" means the user of the Website.
"Website" means this website located at www.jackmichaelmenswear.com or any subsequent URL which may replace it.
"We/us" means Jack Michael Menswear, which is the trading name of Ashtone Limited, registered in England – no. 1731680 and whose registered office is at 540 High Road, Wembley, Middlesex HA9 7BS.
"You" means a user of this Website.
Use of the website
You are provided with access to this Website in accordance with these Terms & Conditions and any orders placed by you must be placed strictly in accordance with these Terms & Conditions.
We reserve the right to:
• modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
• change the Terms & Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Terms & Conditions have been changed. If you do not agree to any change to the Terms & Conditions then you must immediately stop using the Website; and/or
• refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion.
You have certain rights under the law in England as follows:
• that any Products you order through the Website will be of satisfactory quality, fit for their intended purpose and will conform to the general description given on the Website;
• a right to cancel your order for a Product within 14 days commencing on the day after the date on which you receive it, and receive a full refund even if the Product is not defective provided the Product is returned unused and undamaged with all garment tags and in the original packaging.
You have a duty to take reasonable care of the Products you wish to return. If, in our opinion, returned Products are damaged or soiled they will not be accepted and a full refund may not be given.
You agree to fully indemnify, defend and hold us, and our directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Terms & Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.
The account password you designate to register should be unique and kept secure. You warrant that:
• the Personal Information which you are required to provide when you register or as a customer is true, accurate, current and complete in all respects; and
• you will notify us immediately of any changes to the Personal Information.
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online. The Website uses internet standard encryption technology ("SSL" or "Secure Socket Layer" technology) to encode personal data that you send to us when placing an order. To check that you are in a secure area of the Website before sending personal data to us, please look at the bottom right of your website browser and check that it displays an image of a closed padlock or an unbroken key.
However, please note that whilst we take appropriate technical and organisational measures to safeguard the personal data that you provide to us, no transmission over the internet can ever be guaranteed secure. Consequently, please note that we cannot guarantee the security of any personal data that you transfer over the internet to us.
If you are using a computer or terminal in a public location, we recommend that you always log out and close the website browser when you complete an online session. In addition we recommend that you take the following security measures to enhance your online safety:
• keep your account passwords private otherwise anybody who knows your password may access your account;
• when creating a password, use at least 8 characters, ideally a combination of letters and numbers and do not use dictionary words, your name, email address, or other personal data that can be easily obtained;
• change your password regularly, which you can do this by going to ‘My Account’ and clicking ‘Change name, email or password’; and
• avoid using the same password for multiple online accounts.
You must take care to keep your bank account and payment card details safe. We will never ask you to confirm any account or debit or credit card details via email. If you receive an email claiming to be from jackmichaelmenswear.com asking you to do so, please ignore it and do not respond.
Each Product displayed on this Website is subject to its Product Description which may set out additional Specific Conditions related to that Product including, without limitation, terms and conditions concerning estimated delivery dates and times, and after-sales service.
We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information including Product Descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a Product and its availability until your order is accepted.
If you purchase a Product it is your responsibility to ensure that you take care of it properly. In particular you should always check the garment care labels and take necessary action when washing, drying and ironing the Product.
We will make every effort to display as accurately as possible the colours of Products that appear on this Website. However, as computer monitors vary, we cannot guarantee that your monitor’s display of any colour will be completely accurate.
Prices shown on the Website are in GBP and are inclusive of VAT at the current rate. All prices and offers remain valid as advertised from time to time. The price of a Product displayed on the Website at the time of acceptance of the order will be honoured, except in cases where it is discovered that there has been an inadvertent pricing error.
All orders are subject to acceptance and availability of Products. Items in your shopping basket are not reserved and may be purchased by other customers. When you shop on this Website, you will be required to input Personal Information such as your name, e-mail address, billing address, delivery address, telephone number, Product selections, credit card or other payment information and a password. We may also collect, information about where you are on the internet (e.g. the URL you came from, IP address, domain types such as .co.uk and .com), your browser type, the country and telephone area code where your computer is located, the pages of our Website that were viewed during your visit, and any search terms that you entered on our Website ("User Information"). We may collect this information even if you do not register with us.
You should be aware that this Website is being monitored and may capture information about your visit that will help us improve the quality of our service, or be used to present you with Product information that is relevant to your browsing history.
When placing your order you will be required to provide payment details that you represent and warrant are both valid and correct, and you confirm that you are the person referred to in the billing information provided. By providing your payment details you are authorising us to process a charge or charges on your credit/debit card in the amount of the total purchase price for the Product(s) purchased and any additional charges that may be applicable, for example the delivery cost. Furthermore, you expressly agree to the conduct of credit checks and anti-fraud checks, to transmit or to obtain information about you to or from third parties, including but not limited to your credit/debit card to authenticate your identity, to validate your credit/debit card, to obtain credit/debit card authorisation and to process purchase orders submitted under your account.
Payment can be made by Visa, Visa Electron, Visa Debit, Visa Delta, MasterCard, American Express and Maestro debit cards. We will take reasonable care to make the Website secure. All credit/debit card transactions on this Website are processed by First Data Merchant Solutions via the Realex Payment Gateway that encrypts your card details in a secure host environment. We support Verified by Visa and MasterCard SecureCode verification, which are extra layers of security, protecting your card from online fraud. When purchasing goods your card provider will ask you to verify that you are using your card online by entering a password. The password works in the same way as entering a pin number when using your card on the high street. The password is between you and your card provider and it is necessary for us to be able to process the transaction.
The steps required to create the contract between you and us are as follows:
• you place the order for your Product(s) on the Website by pressing the confirm order button at the end of the checkout process. You will be guided through the process of placing an order by a series of simple instructions on this Website;
• we will send to you an order acknowledgement email detailing the Products you have ordered. This is not an order confirmation or order acceptance from us;
• we will send you a separate dispatch confirmation email once an order has been accepted by us.
Order acceptance and the completion of the contract between you and us will take place on the dispatch to you of the Products ordered unless we have notified you that we do not accept your order, or you have cancelled it.
Non-acceptance of an order may be a result of one of the following:
• the Product you ordered being unavailable from stock or our suppliers;
• your payment has not been authorised;
• we have identified a price or Product description error;
• you have not met the terms and conditions of use of this Website.
The contract will be concluded in English.
Goods will be delivered via Royal Mail after payment has been authorised and confirmed by First Direct Merchant Solutions once your order has been accepted by us. Where applicable a delivery charge will be applied when you place your order based on the total value of the purchases and the delivery option you select. Goods purchased for £100 and over will be delivered free of charge in the UK only on a standard basis within 3 to 5 working days of acceptance of the order. If you select other delivery options or if delivery has to take place overseas or if the value of goods is below £100 delivery charges will be applied as noted below.
For UK delivery:
If the total value of purchases is above £100, there will be no charge for standard delivery of between 3 to 5 working days.
If the total value of purchases is below £100, the charge will be £7.00 for a standard delivery of between 3 to 5 working days.
If delivery is requested for the next day but excluding Saturday, the charge will be £10.00.
If delivery is requested for the next day which is a Saturday, the charge will be £12.00.
For International delivery:
Delivery to Europe will incur a charge of £12 for arrival between 5 to 7 working days.
Delivery to all other countries will incur a charge of £15 for arrival between 5 to 7 working days.
Dispatch times may vary according to availability of Products and any representations made as to delivery times are subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
It is your responsibility to ensure that the delivery address that you designate when placing your order is correct. Furthermore, it is important that you check the Products on the day of receipt or shortly thereafter to ensure that they are in accordance with your order. If you do not receive the goods within the expected time period or if any of the items are missing or damaged, you must contact us immediately via email at firstname.lastname@example.org.
Please note that you are entitled to cancel the contract if you so wish provided that you exercise your right and notify us no longer than 14 days after the day on which you receive the Product(s).
If you wish to exercise your right to cancel the contract after your order has already been dispatched, we will refund the original purchase price, provided that you have returned the goods within 14 days after the day on which you receive the Products, and provided the goods have not been used or damaged. Please do not remove tags, labels or damage the original packaging as this will void any rights to refund or exchange. Products should be returned to us via secure mail or courier at your cost at:
Jack Michael Menswear, 540 High Road, Wembley, Middlesex, HA9 7BS
We will not be responsible for goods you return that are either lost or damaged in transit. Refunds will be made within 14 days of receiving returned goods in an acceptable condition.
Please note that your right to seek a refund does NOT apply to Products that are bespoke orders or have been made to measure or have been personalised to your requirements e.g. have been altered in any way.
In the event that a Product is faulty or the size needs to be changed, we will exchange it provided it is unused, does not smell of cologne and is not damaged, and if it is returned to us within 14 days of receipt by you with all garment tags and in the original packaging. Goods for exchange should be returned to us via secure mail or courier at your cost at:
Jack Michael Menswear, 540 High Road, Wembley, Middlesex, HA9 7BS.
Please note that we cannot exchange any Products that are bespoke orders or have been made to measure or have been personalised to your requirements, e.g. have been altered in any way.
We will treat all your Personal Information as confidential (although we reserve the right to disclose this information in the circumstances set out below). We will arrange for such information to be kept on a secure server and we will fully comply with all applicable UK Data Protection and UK Consumer Rights legislation.
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when using the Website.
When you create a shopping account while ordering online you may be given the option to receive information from us by post, e-mail or telephone, about Products, promotions or special offers which we feel may be of interest to you. In the event that you do not wish to be contacted for such purposes, tick the appropriate box as you go through the registration process. You may unsubscribe from our contact list at any time either by replying to a promotional e-mail with the word "unsubscribe" in the subject line or by e-mailing us at email@example.com.
Your Personal Information may be disclosed to third parties who may be involved in processing your order and payment. Such third parties are required to treat your Personal Information as confidential and to fully comply with all applicable UK Data Protection and UK Consumer Rights legislation. We will not release your Personal Information to any third party for marketing purposes without your prior consent.
You should be aware that if we are requested by the police or any other regulatory or government authority investigating suspected illegal activities to provide your Personal Information and /or User Information, we are legally obliged do so.
We confirm that any Personal Information which you provide to us (or which is available on public registers) and any User Information from which we can identify you, is held in accordance with the registration we have with the Information Commissioner's Office. We use the information only for the following purposes:
• processing your orders;
• for statistical or survey purposes to improve this Website and its services to you;
• to serve website content and advertisements to you;
• to administer this website.
By giving consent you agree that you do not object to us contacting you for any of the above purposes whether by telephone or via e-mail or by post and you confirm that you do not and will not consider any of the above as being a breach of any of your rights under the Privacy and Electronic Communications (EC Directive) Regulations 2003.
Upon request, you may access and/or update Personal Information or correct it, if necessary. Requests can be submitted via email at firstname.lastname@example.org or by post addressed to:
Jack Michael Menswear, 540 High Road, Wembley, Middlesex, HA9 7BS
To provide increased value to our Users, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have the choice as to whether or not to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for:
• the privacy practices of such websites; or
• the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources; or
• the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may (if necessary so as to make a purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable UK laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. This Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, and reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.
We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Terms & Conditions for:
• any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
• any loss of goodwill or reputation; or
• any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Terms & Conditions.
Nothing in the Terms & Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees in connection with this Website.
If any part of the Terms & Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Terms & Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Terms & Conditions.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
These Terms & Conditions govern our relationship with you. You confirm that, in agreeing to accept these Terms & Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these Terms & Conditions and you agree that you shall have no remedy in respect of any representation. Your statutory rights are not affected by these Terms & Conditions. Nothing in this clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of these Terms & Conditions.
The Terms & Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.
For any queries regarding the Products we offer or if you have any concerns regarding our customer service, then please contact us via email@example.com or visit us at:
Jack Michael Menswear, 540 High Road, Wembley, Middlesex HA9 7BS