Terms & Conditions

Our terms

1. These terms

1.1 These are the terms and conditions on which we supply goods to you. In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if you are an individual and you are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession). It will be clearly stated where terms relate solely to consumers or business customers.

1.2 If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

2. Information about us and interpretation of these terms

2.1 We are Jemrex Limited, a company registered in England and Wales with company registration number 08450744 and our registered office is at Grafix House 6 Boundary Road, Swinton, Manchester, England, M27 4EQ. Our registered VAT number is GB 158134803.

2.2 When we use the words writing or written in these terms, this includes emails.

2.3 Any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.

3. Our contract with you

3.1 Your order means your order to purchase goods, whether made in writing, on an order form, or via our website.

3.2 You are responsible for ensuring that the terms of your order are complete and accurate.

3.3 Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.

3.4 If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.

4. Price and payment

4.1 The price of the product (which is exclusive of VAT, unless expressly stated otherwise in the order or on the order page of our website) will be the price indicated on the order or on the order page of our website when you placed your order. We take reasonable care to ensure that the price of the product advised to you is correct. However please see clause 4.3 for what happens if we discover an error in the price of the product you order.

4.2 If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

4.3 We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.

4.4 Unless expressly agreed otherwise by us, you must pay for all products before we dispatch them.

4.5 If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

4.6 If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 8% a year above the base lending rate of Barclays PLC from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

5 Our products

5.1 Any samples, drawings, descriptive matter or advertising produced by the Supplier and any descriptions, images or illustrations contained in the Supplier’s catalogues, brochures or website are produced for the sole purpose of giving an approximate idea of the Goods referred to in them. They shall not form part of the Contract nor have any contractual force.

5.2 The packaging of the product may vary from that shown in images on our website and/or on any order and/or any proposal.

5.3 We may change the products:
(a) to reflect changes in relevant laws and regulatory requirements;
(b) if we reasonably believe that we need to do so to avoid any intellectual property infringement claims; and/or
(c) to implement minor technical adjustments and improvements, for example to address a security threat.

6. Delivery

6.1 The costs of delivery will be as displayed to you in the order.

6.2 If we have agreed to deliver the goods to you in the order, then we will contact you with an estimated delivery date for the goods, and will use reasonable endeavours to comply with any such estimate, however time will not be of the essence in relation to delivery. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay.

6.3 If delivery is not possible when we deliver the goods, either we or our courier will inform you of how to rearrange delivery or collect the products from us or from an alternative location.

6.4 If, after a failed delivery to you, you do not re-arrange delivery or collect them from us or from an alternative location we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.2 will apply.

6.5 We will not be liable for any delay in delivery of the goods that is caused by an event outside our reasonable control or by your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the goods.

6.6 We may have to suspend the supply of goods to:
(a) deal with technical problems or make minor technical changes;
(b) update the goods to reflect changes in relevant laws and regulatory requirements; and/or
(c) make changes to the goods.

6.7 You may contact us to end the contract for goods if we suspend it, or tell you we are going to suspend it, in each case for a period of more than eight weeks and we will refund any sums you have paid in advance for the goods in respect of the period after you end the contract.

7. Risk and Title

7.1 The goods will be your responsibility from the time we deliver the product to the address you gave to us.

7.2 You own a product which is goods once we have received payment in full.

7.3 Until ownership of the goods has passed to you, you shall:
(a) store the goods separately from all other goods held by you so that they remain readily identifiable as our property;
(b) not remove, deface or obscure any identifying mark or packaging on or relating to the goods;
(c) maintain the goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery;
(d) notify us immediately if you become subject to any of the events listed in clause 10.1(e); and
(e) give us such information relating to the goods as we may require from time to time.

7.4 Subject to clause 7.5, if you are a business customer you may resell or use the goods in the ordinary course of business (but not otherwise) before we receive payment for the goods. However, if you do so before that time:
(a) you do so as principal and not as our agent; and
(b) title to the goods shall pass from us to you immediately before the time at which resale by you occurs.

7.5 If before title to the goods passes to you, you become subject to any of the events listed in clause 10.1(e), then, without limiting any other right or remedy we may have:
(a) your right to resell the goods or use them in the ordinary course of business ceases immediately; and
(b) we may at any time:
(i) require you to deliver up all goods in your possession that have not been resold, or irrevocably incorporated into another product; and
(ii) if you fail to do so promptly, enter any premises of you or of any third party where the goods are stored in order to recover them.

8. Your rights to end the contract

8.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, when you decide to end the contract and whether you are a consumer or business customer:
(a) if what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 11 if you are a consumer and clause 12 if you are a business; and
(b) if you are a consumer and have just changed your mind about the product, see clause 8.2. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods.

8.2 If you are a consumer then for most goods bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.

9. How to end the contract with us

9.1 To end the contract with us, please let us know by doing one of the following:
(a) email us at info@jemrex.com. Please provide your name, home address, details of the order and, where available, your phone number and email address;

9.2 If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them, post them back to us at Grafix House, 6 Boundary Road, Swinton, Manchester, M27 4EQ or (if they are not suitable for posting) allow us to collect them from you. Please email us at info@jemrex.com for a return label or to arrange collection. If you are a consumer exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.

9.3 We will pay the costs of return:
(a) if the products are faulty or misdescribed;
(b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.

9.4 If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.

9.5 If you are exercising your right to change your mind we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.

10. Our rights to end the contract

10.1 We may end the contract for the goods at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the goods;
(c) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us;
(d) you commit a material breach of any term of the contract and (if such a breach is remediable) fail to remedy that breach within 14 days of you being notified in writing to do so;
(e) you take any step or action in connection with entering administration, provisional liquidation or any composition or arrangement with your creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of your assets or ceasing to carry on business;
(f) if you are a business customer, you suspend, or threaten to suspend, or cease or threaten to cease to carry on all or a substantial part of your business; or
(g) your financial position deteriorates to such an extent that in our opinion your capability to adequately fulfil your obligations under the contract has been placed in jeopardy.

10.2 If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

10.3 We may write to you to let you know that we are going to stop providing the product. We will refund any sums you have paid in advance for products which will not be provided.

11. Your rights in respect of defective products if you are a consumer

11.1 If you are a consumer we are under a legal duty to supply products that are in conformity with this contract.

11.2 If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on 0161 727 0767 or email us at info@jemrex.com for a return label or to arrange collection.

12. Your rights in respect of defective products if you are a business

12.1 If you are a business customer we warrant that on delivery, and for a period of 12 months from the date of delivery (warranty period), any products which are goods shall:
(a) conform in all material respects with their description;
(b) be free from material defects in design, material and workmanship; and
(c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979).

12.2 Subject to clause 12.3, if:
(a) you give us notice in writing during the warranty period and within a reasonable time of discovery that a product does not comply with the warranty set out in clause (b) we are given a reasonable opportunity of examining such product; and
(c) you return such product to us at our cost,
we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full.

12.3 We will not be liable for a product’s failure to comply with the warranty in clause 12.1 if:
(a) you make any further use of such product after giving a notice in accordance with clause 12.2(a);
(b) the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;
(c) the defect arises as a result of us following any drawing, design or specification supplied by the Customer;
(d) you alter or repair the product without our written consent; or
(e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.

12.4 Except as provided in this clause 12, we shall have no liability to you in respect of a product’s failure to comply with the warranty set out in clause 12.1.

12.5 These terms shall apply to any repaired or replacement products supplied by us under clause 12.2.

12.6 For the avoidance of doubt, a product shall not be deemed to be defective as a result of its battery having run out of charge.

13. Our responsibility for loss or damage suffered by you if you are a consumer

13.1 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 11.1.

13.3 If you are a consumer, we only supply the products to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 14.

14. Our responsibility for loss or damage suffered by you if you are a business

14.1 Nothing in these terms shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation;
(c) 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;
(d) defective products under the Consumer Protection Act 1987; or
(e) any matter in respect of which it would be unlawful for us to exclude or restrict liability.

14.2 Except to the extent expressly stated in clause 12.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.

14.3 Subject to clause 14.1:
(a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
(b) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the greater of £10,000 or one hundred and fifty per cent (150%) of the total sums paid by you for products under such contract.

15. General terms

15.1 We may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of our rights or obligations under this contract.

15.2 You may not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights or obligations under this contract without our prior written consent.

15.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms.

15.4 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

15.5 No failure or delay by either of us to exercise any right or remedy provided under this contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

15.6 This contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by and construed in accordance with the laws of England and Wales.

15.7 Each of us irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this contract or its subject matter or formation.