The following terms and conditions (the Conditions) are the terms on which JiGraH Resources sells products and services and supersede all other terms and conditions relating to the subject matter of these Conditions. If you have any queries about our Terms & Conditions or wish to contact us for any other reason you can:
1.1. "the Company" - JiGraH Resources of 85 Heythrop Drive, Acklam, Middlesbrough, Cleveland, TS5 8QX, England.
1.2. "the Customer" - any person who is not a minor, any company or any other organisation to whom the Company agrees to supply the Goods. If a person who is a minor wishes to purchase Goods from the Company they must only do so through someone who is not a minor.
1.3. "the Goods" - Standard Products or Bespoke Products and/or Services advertised for sale by the Company on its web site or otherwise and/or as set out in a quotation provided by the Company to the Customer.
1.4. "Standard Products" are items for which a fixed price is able to be given by the Company. These are the items included in the Mail Order web pages and listed on the Mail Order Forms; creation of a cross stitch pattern from a photograph and TreeDraw charts with no graphics/photographs and which have been fully pre-formatted by the Customer. Copyright in Standard Products remains with the Company unless otherwise agreed in writing by the Company.
1.5. "Bespoke Products and/or Services" are items to be made and/or delivered to the Customer's specification and therefore for which a quotation must be given by the Company to the Customer once the work involved has been assessed. These are photo restoration; web site design, data rescue and charts other than those defined as Standard Products. Copyright in Bespoke Products remains with the Company unless otherwise agreed in writing by the Company.
2. PRICES FOR BESPOKE PRODUCTS AND/OR SERVICES
2.1. The Company will always inform the Customer of the cost of the work before the Customer confirms the order. The Price set out in a quotation provided by the Company to the Customer will remain valid for a period of 60 calendar days.
2.2. When the Customer confirms the order by accepting the Price the Company will acknowledge the order by supplying to the Customer the order number, the confirmed Price and the instructions on how the Customer may cancel the contract.
2.3. If the Customer does not agree to the Price the Customer has every right not to proceed with the order. The Customer will be responsible for any postage charges arising from return of any photograph or other material sent to the Company for the purposes of providing a quotation.
3. PAYMENT
3.1. Payment of the Price shall be made by the Customer in full and received by the Company before any order is dispatched, unless otherwise agreed by the Company.
3.2. If the Company agrees that payment of any part of the Price be deferred until after despatch of the Goods the Customer shall pay that part of the Price within 14 (Fourteen) days of the date of the invoice for the Goods.
3.3. If the Price is not paid by the due date interest shall accrue both before and after judgement on the unpaid portion of the Price at the rate of 4 per cent above the base rate from time to time of Yorkshire Bank PLC.
4. DELIVERY
4.1. The Company shall deliver the Goods to the Customer at the address provided by the Customer.
4.2. The Customer shall be responsible for requesting and paying for any enhanced compensation options associated with postal charges required by the Customer.
4.3. Where the Goods are Bespoke Products and/or Services the Company shall make every effort to deliver the Goods by a date agreed with the Customer where requested to do so but does not guarantee to meet such a date.
4.4. Where the Goods are Standard Products the Company shall make every effort to deliver the Goods within a maximum of 30 days beginning with the day after the day the Customer sent his order to the Company.
4.5. The Customer accepts that postal delivery is outside the control of the Company and in any case where late delivery is caused by delay in the post time shall not be of the essence for delivery.
4.6. The Customer accepts that damage to or loss of items during postal delivery is outside the control of the Company, that the time taken for subsequent investigation by the postal service used is also outside the control of the Company and that replacement of items by the Company may, at the Company's descretion, be delayed by the time taken for such investigation.
4.7. If an item is damaged in the post the Customer will provide the Company with appropriate photographic and/or other evidence to enable the Company to claim compensation from the postal service used. The Customer accepts that replacement of damaged items by the Company will not take place should the Customer refuse to provide such evidence.
4.8. If an item appears to have been lost in the post the Customer will provide the Company with evidence that checks have been with the Customer's local postal depot to enable the Company to claim compensation from the postal service used. The Customer accepts that replacement of lost items by the Company will not take place should the Customer refuse to provide such evidence.
5. CANCELLATION AND ACCEPTANCE
5.1. Where the Goods are Bespoke Products and/or Services the Customer has a right to cancel the order before manufacture of the Goods starts. The Customer does not have a right to cancel the contract once manufacture of the Goods has started with the Customer's agreement.
5.2. Where the Goods are Standard Products the Customer has a right to cancel their order within 7 working days of the day on which the Customer receives the goods without reason for cancellation. In the case of CDs, the seals must be unbroken.
5.3. The Customer must notify the Company of the cancellation in writing to either the e-mail or geographical addresses provided in the Preamble to these Terms and Conditions.
5.4. The Customer shall be deemed to have accepted the Goods if they have not been rejected on or before the 7th working day after the day on which the Customer receives the goods. The Customer shall not be entitled to reject the Goods in whole or in part after such date.
5.5. If the Customer cancels the order in accordance with these Terms and Conditions the Customer is entitled to a full reimbursement except that the Customer will be responsible for any postage charges arising from delivery and return of Goods. The Company will deduct the postage charges from the total reimbursement amount. The Company will reimburse the Customer within 30 days of receiving the notice of cancellation.
6. TITLE AND RISK
6.1. The Goods shall be at the risk of the Customer following delivery.
6.2. Notwithstanding delivery title in the Goods shall not pass to the Customer until the Customer has made payment of all sums owing to the Company.
6.3. Until such time as title in the Goods passes to the Customer the Company shall have the right to repossess or otherwise recover the Goods.
7. LIMITATION OF LIABILITY
7.1. Save in respect of personal injury or death due to the negligence of the Company the Company shall not be liable to the Customer in respect of any loss suffered by the Customer due to any defect in the Goods.
7.2. Without prejudice to Condition 7.1 the Company shall not be liable to the Customer or any third party for any loss of profit, consequential or other economic loss suffered by the Customer arising in any way from this Agreement.
7.3. Save in respect of personal injury or death due to the negligence of the Company the liability of the Company under these Conditions shall not exceed the Price.
8. FORCE MAJEURE
8.1. The Company shall not be liable for any default due to any circumstance beyond the reasonable control of the Company including, but not limited to, Acts of God, war, civil unrest, riot, strike, lock-out, acts of civil or military authorities, fire flood, earthquake or shortage of supply or failure to deliver of the suppliers of the Company.
9. GENERAL
9.1. If any term or provision of these Conditions is held invalid illegal or unenforceable for any reason by any Court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
9.2. The Company may without the consent of the Customer sublicence its rights or obligations or any part of these Conditions.
9.3. The headings in these Conditions are for ease of reference only and shall not affect the interpretation of any of the Conditions.
9.4. The exact constitutions of printing inks and exact sizes of paper supplied to the Company by its suppliers are beyond the control of the Company as are the exact shadings of colours displayed on any given computer display screen. Colours of charts and paper sizes displayed and/or quoted by the Company on its website or in any communication are to be treated as approximate only.
10. ENTIRE AGREEMENT
10.1. Each of the parties agrees that save in respect of statements made fraudulently it shall have no remedy in respect of any untrue statement upon which it relied in entering this Agreement and that its only remedies shall be for breach of contract.
11. GOVERNING LAW AND JURISDICTION
11.1. This agreement shall be governed by the laws of England and Wales and the parties hereby submit to the non-exclusive jurisdiction of the Courts of England and Wales.
12. RIGHTS OF CONSUMER
12.1. Nothing in these Conditions shall affect the statutory rights of a Consumer.
13. REVISION OF TERMS AND CONDITIONS
13.1. The Company may from time to time amend these Conditions. The date on which the Conditions were last amended will be displayed at the foot of this page. All orders placed will be subject to the Conditions effective at the time they were placed.