- “The Seller” is JTAPE Limited
- “The Purchaser” is the person, firm or company to whom the invoice is addressed
- “The Goods” are the items or materials specified on the face of the invoice
- “The Contract” is the contract for sale and purchase of the goods made between the Seller and Purchaser to which these conditions apply
jtape.com is owned and operated by JTAPE Limited (‘’we/us’’). JTAPE Limited is registered in England and Wales under Company number 04919432 and our registered office is The Copper Room, The Deva Centre, Trinity Way, Manchester M3 7BG. Our VAT registration number is GB849770180.These Terms and Conditions apply to all use of jtape.com and all transactions for the sale of goods on jtape.com. Please read them carefully. They do affect your statutory rights.We may change these Terms and Conditions at any time. Any changes will take effect on the date they are posted on jtape.com.
- Acceptance of Order
All sales of masking and other tapes and products shall be subject to these terms and conditions.You will be able to check and correct any input errors in your order up until the point at which you submit your order by clicking the ‘confirm order’ button on the check out page.All orders made by you through jtape.com are subject to acceptance by us. We may choose not to accept your order for any reason and will not be liable to you or to anyone else in those circumstances. After submitting an order to us we will send you an order acknowledgement email with your order number and details of the goods that you have ordered. Please note this email is an acknowledgement and is not an acceptance of your order. Unless we have notified you that we do not accept your order or you have cancelled it in accordance with our returns policy, we accept your order 7 days after the date of order or when the goods are delivered, whichever is earlier.In the event of a dispute between the standard terms and conditions of the Seller or the Purchaser, the parties agree that the Sellers terms and conditions of sale shall take precedence.
All prices on jtape.com exclude any VAT, VAT will be added at the prevailing rate to the order. All prices excluded delivery charges. Although we endeavour to ensure that all pricing information on jtape.com is accurate, occasionally an error may occur and goods may be mispriced. If we discover a pricing error we will, at our discretion, either contact you and ask whether you wish to continue with the order at the correct price or notify you that we have cancelled your order. We will not be obliged to supply goods at the incorrect price. Prices that are reduced for sales and promotions are only valid for the specified period.We reserve the right to adjust prices, offers, goods and specifications of goods on jtape.com at our discretion at any time before (but not after) we accept your order.
- Terms of Payment
The total cost of your order is the price of the goods and delivery charges plus VAT at the applicable rate. Payment on the jtape.com website can be made by most major credit or debit cards.You confirm that the credit/debit card that is being used is yours. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment we will not accept your order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal.We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment in accordance with your order.If we accept an order from the Purchaser where payment is due on receipt of invoice:
- Payment of invoices shall be made without any deduction or set-off so as to be received by the Seller within thirty days from date of invoice. Interest shall be payable on the overdue accounts at the rate of 2% per month or part month above the Barclays Bank Base Rates for the time being in force to run from the due date for payment until receipt by the Seller of the full amount whether or not after judgement.
- The Purchaser agrees that in the event of a default in payment the Purchaser shall be responsible for any and all applied interest charges and reasonable collection fees incurred in recovering the outstanding amount.
- The Purchaser agrees that in the event of a default in payment for the Goods the Seller may place full details of the Purchaser default with an independent bureau for the purpose of compiling and distributing such information to other interested parties to assist in making decisions from which the information may be used for tracing, the prevention of fraud and the recovery of debt amongst other matters.
- Risk and Delivery
- Delivery dates mentioned in any quotation, acceptance form or elsewhere, either oral or in writing shall be approximations only and time of delivery shall not be of the essence of these conditions. The Seller shall not be liable for any loss or damage as a result of failure to deliver by a due date and in particular if delivery is hindered or delayed by matters beyond the Sellers control the Seller shall not be liable in damages to the Purchaser and the Purchaser shall not be entitled to cancel the order as a result of such delay. Should the Seller receive an order before London GMT: 2pm, delivery of Goods ordered by the Purchaser should be received at the self-proclaimed delivery address within 48 hours of the Seller receiving the order. Orders placed by the Purchaser after this time will be received within 72 hours of the Seller receiving the order.
- Where the Goods are to be delivered by a carrier on behalf of the Seller the risk therein shall pass to the Purchaser upon delivery. The Purchaser shall notify the Seller in writing within 48 hours of receipt of Goods by the Purchaser of any loss or damage to the Goods in transit, or if the Goods have not been delivered within 48 hours of receipt of the invoice. The return of Goods will be in accordance with our cancellation and returns policy.
- Retention of Title
- Notwithstanding that risk in the Goods shall pass to the Purchaser in accordance with clause 6 above, full legal and equitable title and interest in all and any Goods shall remain in the Seller and shall not pass to the Purchaser until the Seller shall have received payment in full of all amounts due and owing from the Purchaser to the Seller for the time being (including any interest accruing and owing to the Seller) and from time to time in respect of all such Goods and all other Goods supplied by the Seller to the Purchaser at any time.
- During such time as title in the Goods remains in the Seller, the Purchaser shall store or otherwise keep the Goods in such a way as clearly to indicate at all times that the Goods are owned by the Seller and shall not remove, obscure or delete any mark placed on the Goods by the Seller which may enable the Goods to be identified.
- If during such time as title in the Goods remains in the Seller any of the Goods are incorporated in or attached to or used as material for or in the manufacture of other goods the whole of such goods shall vest in and remain with the Seller and the Purchaser shall hold such goods as bailee of and to the order of the Seller until the Seller has received payment in full in respect of the Goods and all the Sellers rights in relation to the Goods (including its rights under this Agreement) shall extend to such goods.
- During such time as title in the Goods remains in the Seller, the Purchaser shall have power to deal with or use the Goods as fiduciary bailee of the Seller in the normal course of its business but shall not be entitled to dispose of the Goods or indeed move the Goods without the Sellers written permission.
- Notwithstanding the aforesaid should the Purchaser sell any of the Goods it shall hold all the proceeds of sale as Trustee for the Seller and shall (until payment of amounts due to the Seller) place such proceeds in a separate bank account and hold the same to the order of the Seller and if the Purchaser shall sell any goods incorporating the Goods shall hold so much of the proceeds of sale as relate to the Goods as Trustee for the Seller and shall (until payment of the amounts due to the Seller) place such proceeds in a separate bank account and hold the same to the order of the Seller.
- Until such time as property in the Goods passes from the Seller, and the Purchaser shall upon request deliver up such of the Goods as have not ceased to be in existence or re-sold to the Seller. If the Purchaser fails to do so the Seller may enter upon any premises owned, occupied or controlled by the Purchaser where the Goods are situated and repossess the Goods. For the purpose of any repossession pursuant to this clause the Seller or its agent shall be entitled to enter upon any relevant land or buildings with such transport as may be necessary. All costs incurred by the Seller or its agent in such repossession shall be borne by the Purchaser.
- The Purchaser shall not pledge or in any way charge by way of security for any indebtedness any of the Goods which are the property of the Seller. Without prejudice to the other items of the Seller if the Purchaser does so all sums whatever owing by the Purchaser to the Seller shall forthwith become due and payable.
- The Seller shall not be held responsible to the Purchaser or any other person save in respect of the warranties set out in clauses (b) to (f) below for any consequential loss, damage or injury howsoever caused either by a breach of any contract, arising directly or indirectly from its negligence or wilful default of its employees or agents in anyway whatsoever.
- The Seller warrants that the Goods, properly utilized, shall comply for a reasonable period within the published technical details pertaining to the Goods at their date of manufacture. We cannot guarantee that the appearance and/or colours of products shown on this site exactly reproduce the appearance and/or colours of the physical products themselves. All sizes quoted are approximate.
- On screen video guides are provided for general information and background, it should not be relied upon as the sole information on how to complete a task. To the extent permitted by law Jtape Ltd accepts no liability for any loss damage or injury arising as a consequence of the advice contained in the video guides.
- Where the Goods purchased from the Seller are to be incorporated into or onto other products, the Purchaser is therefore specifically notified that the Seller accepts no liability for failure, damage or defect to the Goods or to the Purchasers own equipment or premises where loss or damage or destruction is due to the inappropriate application or use of the Goods.
- The Sellers maximum liability in respect of any Goods which does not comply with its published technical specification, whether on account of the Sellers negligence or otherwise, shall be the value of the Goods.
- No warranties or conditions as to the quality of the Goods are implied into this agreement except as provided by statute.
- This Clause sets out the full extent of the Sellers liability and all other warranties, conditions, representations of whatsoever nature whether implied by statute, common law or otherwise are hereby excluded.
- Purchasers Warranties
The Purchaser warrants that it is not at the time of placing any orders with the Seller insolvent and knows of no circumstances which would entitle any creditor to appoint a receiver or to petition for winding up or to exercise any other rights for or against its assets.
- Licences and Consents
If any licence or consent of the Government, regulatory or other authority shall be required for the acquisition or use of the Goods by the Purchaser the Purchaser shall obtain the same at its own expense and, if necessary or so required produce evidence of the same to the Seller on demand.
We will only collect information from individuals or companies where it is specifically and knowingly provided, for example at the time of registration or at the time of ordering. This data is referred to in this policy as personal information.When you register or place an order this personal information will be stored by us in computer systems to enable fulfilment and delivery of orders.We use third parties to carry out certain activities such as delivering packages, providing marketing assistance and processing credit card payments. These third parties will have access to personal information to enable them to perform their designated functions but they may not use it for other purposes.To protect against fraudulent transactions we may pass personal information to external agencies who will check the information we give them against public and private databases and may keep a record of such checks to use in the future.
- Force Majeure
- The Seller shall not be liable to the Purchaser for or damage which may be suffered by the Purchaser as a direct or indirect result of the supply of Goods by being prevented hindered delayed or being undelivered by reason of any Force Majeure circumstances.
- In these conditions Force Majeure circumstances mean any Act of God, riot, strike, Lock-out, trade dispute labour disturbance, accident, breakdown of machinery, fire, flood, difficulty or increased expense in obtaining workmen, materials or transport or circumstances whatsoever outside the reasonable ability of the Seller affecting the provision of the Goods raw materials therefore by Sellers normal means of supply or the manufacture of the Goods.
If the Purchaser enters into a Deed of Arrangement, commits an act of bankruptcy or makes any arrangements with his creditors or if a receiving order is made against him or in the case of a Company it shall pass a resolution or the Court makes an order that the Purchaser shall be wound up other than for the purpose of amalgamation of reconstruction or should a receiver shall be appointed over any of the undertakings of the Purchaser or if circumstances arise which entitle the Court or a Creditor to appoint a receiver or manager or which entitle the Court to make a winding-up order or if the Purchaser takes or suffers any similar consequences or debt or commits any breach the Seller may stop any Goods in transit and suspend deliveries and by notice in writing to the purchaser forthwith determine the Contract.
Any temporary waiver or forbearance on the part of either party with regard to any breach by the other of its duties or obligations contracted in any contract shall not amend the terms of such contract or the continuing liabilities of the other party in future.
- Any notice hereunder shall be given to either readable form and shall be deemed to have been received in the case of first class registered mail seventy two hours after posting, and by telex, fax, e-mail or other electronic product at the end of transmission.
- All notices must be sent to the registered office of the parties or such other address as has been given in writing for such purposes, marked for the attention of the Company Secretary or owner, whichever is appropriate.
- Governing Law
The terms and conditions and any contract agreed between the Seller and Purchaser shall be governed by and construed in accordance with English law and the English courts shall have jurisdiction over any disputes that may occur between Seller and Purchaser. Contracts are made and accepted subject to these conditions of sale. Contracts that are made in Scotland shall be governed by Scottish law otherwise this contract shall be governed by English law and no other.
- Entire Agreement
Unless expressly agreed in writing, these conditions embody all the terms binding the parties and replace any previous representations or proposals not embodied. Any amendments shall not come into operation until written down and properly executed on behalf of both parties
- Cancellation, Returns and Refunds Policy
The purchaser shall notify the Seller in writing–
a) within 48 hours of receipt of Goods by the Purchaser of any loss or damage to the Goods in transit
b) within 48 hours of receipt of Goods by the Purchaser if the Goods are not in accordance with the Goods ordered as detailed on the order acknowledgement.
c) within 48 hours of receipt of the invoice if the Goods have not been delivered.
d) are faulty in the event that that the Purchaser does not notify the Seller in writing within the 48 hour period specified above the Seller shall not be liable for any loss or damage to the Goods in transit nor any failure to deliver the Goods and the Goods will be deemed to have been delivered in good order and condition. a) If the Purchasers request is accepted by the Seller –The goods shall be returned to the Seller at the Sellers expense; the Seller will arrange collection and notify the Purchaser of the arrangements.
The Purchaser will notify the Seller if they would like replacement goods or a refund of the purchase price
If a refund is requested the monies will be refunded within 3 working days of the return of the goods to the Purchaser.
b) The Purchaser can cancel their order within 7 days of receipt of the Goods by the Seller.
If the goods have not been despatched by the Seller the order will be cancelled and the monies refunded within three working days of the Seller receiving notification.
If the goods have been despatched by the Seller the Goods must be returned to the Seller at the Purchasers expense in an undamaged condition for the monies to be refunded. Monies will be refunded within 3 working days of receipt by the Seller of the undamaged goods.