General Terms and Conditions (see also Privacy & Website Access)
Purchase of products
Orders
We use reputable and secure Internet merchant services and hosting facilities who have
industry standard security computing and processes. We carry no confidential data on our computers and as such you benefit from the strength of their security policies and services. 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 accessing or ordering
from the Website.
Our Return Policy is incorporated into these Conditions.
Contract creation and electronic contracting are explained below.
The technical steps required to create the contract between you and us are as follows:
- You place the order for your products 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 the 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 us.
- As your product is shipped we will send you a despatch confirmation email.
- Order acceptance and the completion of the contract between you and us will take place on the despatch to you of the Products ordered unless we have notified you that we do not accept your order, or you have cancelled it in accordance with the instructions in Contract Cancellation
An order may not be accepted if:
- The product you ordered is not in stock.
- We cannot obtain authorisation for your payment.
- We identify a pricing or product description error.
- The volume of products ordered and/or weight to be shipped is too large for our normal handling and shipping processes.
- The value of products ordered is greater than our online authorisation limit.
- You do not not meet the eligibility to order criteria set out in the main Terms & Conditions.
The contract will be concluded in and subject to English Law.
The
details of your specific contract will not be filed. If you do require any
information regarding orders you have placed with us please write to us at the
address shown in ‘Contact Us’
Contract cancellation
Please note that you are entitled to cancel this contract if you so wish provided that you exercise your right no longer than eight working days after the day on which you receive the Products in accordance with the Return Policy.
If you wish to exercise your right to cancel this contract after your order has already been despatched please follow the procedure set out in our Returns Policy.
Please note that your right to return Products does NOT apply to Products which fall into the following categories unless they are faulty:
- Any Goods made to your specification
- Perishable goods (for example flowers and food)
- Items that have a Personal implication such as clothing, bedding, grooming products etc.
Description of Products
Each Product purchased is sold 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, warranties, after-sales service and guarantees.
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 until your order is accepted in accordance with our Order acceptance policy.
Compliance with laws
The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
Limitation of liability
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.The 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, 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 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 Conditions.
Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
Severance
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
Waiver
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
Survival
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.
Entire agreement
These Conditions govern our relationship with you. Any changes to these Conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what John Lewis and you are expected to do. You confirm that, in agreeing to accept the Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation. Your Statutory Rights are not affected by these terms and 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 the Conditions.