1 IN GENERAL
Access to and use of this Web site and
the products and search services available through this Web site (collectively,
the "Services") are subject to the following terms, conditions and
notices (the "Terms of Service"). By using the Services, you are
agreeing to all of these terms, conditions and notices, without modification.
Furthermore, you acknowledge that the Terms of Service may be updated by us
from time to time. This Web site also contains links to other Web sites, Web
pages and services, which are not operated by Junx Clothing Ltd (the
"Linked Sites"). Your use of such Linked Sites will be subject to the
terms of service contained within each such site and the respective terms of
service will control the use of the respective site. In any event your link
through to such a site will be subject to the these Terms of Service. You
recognise that Junx Clothing Ltd has no control over such Linked Sites and
information, and you accept that Junx Clothing Ltd provides no guarantee as to
the accuracy or reliability of such sites or the information contained in them
and you agree that we shall have no responsibility as to whether such links
locate unintended or objectionable content or otherwise cause you distress,
loss or damage.
2 PROHIBITIONS
You will not: commit or encourage a
criminal offence; send or receive any material which is in any way offensive or
obscene, or in breach of confidence, copyright, privacy or any other rights;
act contrary to the acceptable use policies of any Linked Sites or community
standards generally; transmit or distribute a virus; hack into any aspect of
the Service; corrupt data; cause annoyance to other Users; infringe upon the
rights of any other person's trade marks or other proprietary rights; send any
unsolicited advertising or other promotional material, commonly referred to as
"spam"; or attempt to affect the performance or functionality of any
computer facilities of or accessed through the Junx Clothing Ltd Web site.
3 INTELLECTUAL PROPERTY
Software and Content
The intellectual property rights in all
software made available and content supplied to you remains the property of Junx
Clothing Ltd, its licensors, advertisers or content suppliers. You will comply
with the terms of any agreement required by the owner of intellectual property
rights in all software and content supplied to you as notified to you and you
hereby acknowledge that all software that is not made readily available to you
is confidential, and that all other rights including but not limited to database
rights and copyright are asserted and reserved by Junx Clothing Ltd, its
licensors, advertisers or content suppliers. You may store, manipulate,
analyse, reformat, print and display the content supplied solely for your own
personal use. In no event are you permitted to publish, distribute or otherwise
reproduce in any format any of the content or copies of the content supplied to
you or which appears on the Junx Clothing Ltd site and you are prohibited from
using any such content in connection with any business or commercial enterprise
including, without limitation, any media business or enterprise. You shall not
modify, translate, reverse engineer, decompile, disassemble (except to the
extent that applicable laws expressly or impliedly prohibit such restriction)
or create derivative works based on any software or any documentation
accompanying such software supplied by Junx Clothing Ltd, its licensors,
advertisers or content suppliers Junx Clothing™ are trade marks belonging to Junx
Clothing Limited. No license or consent is granted to you to use these marks in
any way, and Junx Clothing Ltd reserves all rights in these and any related
marks. You agree not to use these marks or any marks which are colourably
similar without the written permission of Junx Clothing Limited.
4 E-TAIL OF PRODUCTS AND SERVICES
By making a request/order you are
offering to purchase a product which we will accept to sell to you on the
following Terms and Conditions. All requests are subject to availability and
confirmation of the order price by us. We deem our acceptance of an offer to
buy from us upon dispatch of the goods to you. We reserve the right to cancel
any offer made by the customer to buy products from Junx Clothing Ltd up and
until we finally dispatch the goods bought and we communicate the items
dispatch to the customer via email of other means of communication. Dispatch
times may vary according to availability and any guarantees warranties or
representations made as to delivery times are limited to mainland UK and are on
the basis that we are not responsible for any delay in delivery occurring due
to postal delays or force majeure. Junx Clothing Ltd are absolutely entitled to
refuse any request made by you. If your order is accepted we will inform you by
emailing you or else by calling you. We will also provide the identity of the
party you have contracted with. This may be Junx Clothing Ltd or in certain
cases a third party. Where a contract is made with a third party Junx Clothing
Ltd is not acting as either agent or principal and the contract is made between
yourself and that third party. When making a request you undertake that all
details you provide to us requesting goods or services or bids made at auction
are true and accurate, that you are an authorised user of the credit or debit
card used to make your request or bid and that there are sufficient funds to
cover the cost of the goods, services or bid. It is your responsibility to
inform us of any changes to these details as soon as possible. The cost of
foreign products and services may fluctuate. All prices advertised are subject
to such changes.
5 DISCLAIMER OF WARRANTIES
The services and all information,
products and other content included in or accessible from this web site and the
linked sites, are provided on an "as is" and "as available"
basis and are subject to change at any time without notice to you. To the
fullest extent permitted by law, Junx Clothing Ltd disclaims and excludes all
representations and warranties (express, implied and statutory, including but
without limitation the warranties of merchantability and fitness for a
particular purpose, and non-infringement of proprietary rights) as to the
services and all information, products and content included in and accessible
from this web site or the linked sites.
6 DISCLAIMER of LIABILITY
Unless expressly stated to the contrary
to the fullest extent permitted by law Junx Clothing Ltd, its content
providers, advertisers or linked sites shall not be liable for any damages
whatsoever, including but without limitation to any direct, indirect, special,
consequential, punitive or incidental damages, or damages for loss of use,
profits, data or other intangibles, damage to goodwill or reputation, or the
cost of procurement of substitute goods and services, arising out of or related
to the use, inability to use, performance or failures of this web site or the
linked sites, even if Junx Clothing Ltd had been advised of the possibility of
such damages and irrespective of whether such damages arise in contract, tort,
equity, restitution, by statute, at common law or otherwise. You have read this
disclaimer and agree to it on the basis that you agree it is reasonable.
7 DISCLAIMER AS TO OWNERSHIP OF TRADE
MARKS
images of personalities and third party
copyright
Except where expressly stated to the
contrary all persons including their names and images, third party trade marks
and images of third party products, services and locations featuring on the Junx
Clothing Ltd web site are in no way connected, associated, linked or affiliated
to Junx Clothing Ltd or Junx Clothing Ltd plc. furthermore, unless it is
expressly stated on the Junx Clothing Ltd web site that a certain product,
service or location is connected, associated, linked or affiliated to the
makers, right owners or broadcasters (the "makers") of a film or
programme you should not make such an assumption, or rely in any way on the
existence of such a connection, association or affiliation, by implication or
otherwise. Any trade marks/names as may be featured on the Junx Clothing Ltd
web site are owned by the respective trade mark owners and Junx Clothing Ltd
claims no connection, association or affiliation with them. Where a trade mark
(brand name) is referred to it is used to describe or identify the products,
services or locations (the "goods") or else it is used to identify
the film or programme where such goods appeared, but that is in no way an
assertion or claim that such goods are endorsed by or connected, associated,
linked or affiliated to the makers of the relevant film or programme.
8 INDEMNITY
You agree to indemnify, defend and hold
harmless Junx Clothing Ltd, its directors, officers, employees, consultants,
agents, and affiliates, from any and all third party claims, liability, damages
and/or costs (including, but not limited to, legal fees) arising from, without
limitation, your use of the Junx Clothing Ltd services, your breach of the
Terms of Service, your infringement of any intellectual property right or any
other right of any person or entity, or your breach of any duty of confidence
or privacy, or any defamatory statements made by you in any form.
9 VARIATION OF CONTENT
Junx Clothing Ltd shall have the right
in its absolute discretion at any time and without notice to amend, remove or
vary any of the content supplied in connection with the Service or which
appears on any page of the Junx Clothing Ltd Web site. This includes the
description of products and their sizing. Junx Clothing will always do their
best to be accurate. All sizes are approximate. Material can change season to
season, and Junx Clothing are not responsible if a Brand changes the material
used.
10 SUBMISSIONS
All information and material submitted
by you to Junx Clothing Ltd or that you publish on any public area of the Junx
Clothing Ltd Web site shall be provided by the submitter and accepted by Junx
Clothing Ltd on a non-confidential basis subject to paragraph 2 above.
Furthermore, Junx Clothing Ltd shall be granted a perpetual royalty-free
non-exclusive license in the copyright of any material submitted and Junx
Clothing Ltd shall be free to use, edit, copy, republish and distribute (for
any purpose) and authorise others to do the same, any such information or
material and any ideas contained in such information or material.
11 TERMINATION
Junx Clothing Ltd may at any time
terminate or suspend any part of the Service without notice to you.
12 INVALIDITY
If any part of the Terms of Service is
unenforceable (including any provision in which we exclude our liability to
you) the enforceability of any other part of the Terms of Service will not be
affected all other clauses remaining in full force and effect. So far as
possible where any clause/sub-clause or part of a clause/sub-clause can be
severed to render the remaining part valid, the clause shall be interpreted
accordingly. Alternatively, you agree that the clause shall be rectified and
interpreted in such a way that closely resembles the original meaning of the
clause /sub-clause as is permitted by law.
If any part of the delivery address/ card details are entered incorrect, the customer is liable to cover the cost of re-delivery.
13 GOVERNING LAW AND JURISDICTION
Upon entering the Junx Clothing Ltd site
you are bound by these terms and conditions. These terms and conditions are to
be construed in accordance with the laws of England and Wales and irrespective
of your place of domicile, in the event of any dispute associated with these
terms and conditions, that dispute shall be subject to the exclusive
jurisdiction of the English High Court, the Strand, London. Any dispute in any
way referable to the content of this site whether in respect of its trade
marks, copyright or image content shall be resolved exclusively by arbitration
the terms of which are to be agreed between Junx Clothing Ltd and yourself and
provide no right or recourse to any relief of the English Courts whether
interim or otherwise and that by accessing this site you waive your right for
all time to any such right.
14 ENTIRE AGREEMENT
The above Terms of Service constitute
the entire agreement of the parties and supersede any and all preceding and
contemporaneous agreements between you and Junx Clothing Ltd. Any waiver of any
provision of the Terms of Service will be effective only if in writing and
signed by a Director of Junx Clothing Ltd.
15 Order Incorrect
Return or exchange an item
If you are not completely satisfied with
your purchase, simply return the item or items to us in their original
condition* within 7 days of receipt. We will issue a refund on receipt, or
exchange the item for a different size. However delivery charges are only refundable
if you have cancelled your entire order within the 7 day Cooling-Off Period or
where the goods are faulty and a refund is made. Please see the paragraph above
detailing that you must bear the charge of returning any items to us.
Items missing from your parcel
The customer must inform us if there are
any items missing from your parcel within 24 hours of the parcel being
delivered. Failing to do so will mean that Junx Clothing will not be able to
compensate the customer in any way.
16. Sale and use of Gift Vouchers bought
through Junx Clothing.co.uk/.com
Gift vouchers are only valid for a
limited time and the voucher must be used by the date shown on the voucher –
check your voucher to find out when to use it by.
We're afraid we can't accept any
responsibility for stolen or deleted gift vouchers, we cannot generate another
code..
We'll despatch your gift voucher either
as soon as payment has been cleared or on your specified delivery date (if this
is later). We're afraid we can't be responsible for any delays, no matter how
they are caused.
If you are the purchaser, please double
check the delivery email address you enter – it is your responsibility to do so
and we're afraid we can't be held responsible if a gift voucher is used by
someone other than your recipient if the email address entered is incorrect.
In addition, we can't take
responsibility for any gift vouchers that are lost or used by someone other
than your recipient after delivery. Make sure your recipient has received their
gift voucher, as it is their responsibility to keep the voucher details safe.
From time to time, gift vouchers may get
caught in spam filters, and it's up to the recipient to check these filters. We
can't take responsibility if a gift voucher cannot be delivered to the
recipient's email address because of spam filters, firewalls, the capacity of
the recipient's mailbox or any other factors outside of our control.
If you need a refund, this will be made
in the same way as the original payment method (such as onto a gift voucher,
debit/credit card account, or a combination of the two).
There is no Cash redemption value for
the recipient of the voucher.
17. Sale of Carhartt products to
Australia, Italy & Greece.
Due to Carhartt Distribution contracts in Australia, Italy & Greece we can no long ship any Carhartt product to these named countries.
18. Sale of Adidas & Reebok products
outside of the EEA (European Economic Area) is restricted.
Adidas & Reebok restrict us from
selling any of their products outside of the EEA through their Terms &
Conditions of Sale Contract.
19. Pre-buy / Pre-order items:
Occasionally we will offer products for
pre-order due to limited edition deliveries or long lead times. These terms
cover our pre-order service.
a. Full payment for the item is taken at
the time of order.
b. All delivery dates are estimated,
occasionally delivery to the customer may be extended beyond our control. We
will try to notify customers of this via email, Facebook or twitter where
necessary.
c. Pre-orders are taken by us in good
faith in that we have ordered the item in question from the brand and that they
will be delivered to us around the estimated delivery time. Occasionally our
full delivery of items may be reduced, be late, not arrive at, all of which are
out of our control.
d. In circumstances where we cannot
fulfil a Pre-ordered item Junx Clothing will refund any monies including
shipping costs as soon as possible and notify the customer according. We will
endeavour to do this as soon as possible.
e. You may NOT cancel your pre-order
with us for a full refund at any time up until we dispatch the item to you.
Please make any cancellation requests in writing via email to our customer
service team.
f. Loyalty scheme discounts and Gift Vouchers apply to preorder items.
g. The images of pre-order items are
usually taken of samples supplied at the time of ordering, these are open to
change upon production by the brand. Our images should be taken as a
approximation of the final delivered product.
20. Delivery Cost/Charges/Customs
You abide by the terms explained on the
delivery page. http://www.junxclothing.co.uk/delivery-information.irs.