1. Definitions
“Seller” / “We” / “Us”: JTAPE Limited, registered in England and Wales under company number 04919432, with its registered office at Hulley Road, Macclesfield, Cheshire, SK10 2SF.
“Consumer” / “You”: An individual acting for purposes that are wholly or mainly outside that individual’s trade, business, craft, or profession (as defined under the Consumer Rights Act 2015).
“Business Customer”: A person or entity purchasing Goods wholly or mainly for purposes relating to that person’s or entity’s trade, business, craft or profession.
“Purchaser”: The person or entity placing an Order with the Seller.
“Goods”: All products, materials, or items supplied or to be supplied by the Seller under the Contract, as detailed on the Website or in the applicable Sales Order Confirmation.
“Order”: The Purchaser’s offer to purchase Goods from the Seller.
“Contract”: The legally binding agreement formed between the Seller and Purchaser in accordance with these Terms.
“Sales Order Confirmation”: The confirmation issued by the Seller confirming acceptance of an Order and setting out the applicable details of the Contract, including the Goods ordered, price and estimated delivery date.
“Bespoke Goods”: Goods custom-designed, manufactured, cut, or modified to the Purchaser’s specifications, including unique widths, lengths, or materials. “Private-Label Goods”: Goods manufactured using materials or packaging bearing the Purchaser’s branding or produced to the Purchaser’s private-label requirements.
“Intellectual Property Rights”: All patents, copyrights, trademarks, trade names, domain names, design rights, database rights, and any other intellectual property rights, whether registered or unregistered.
“Know-How”: All industrial and technical information, trade secrets, manufacturing methods, processes, formulations, product designs, drawings, and specifications owned or developed by the Seller.
“Website”: The Seller’s website at www.jtape.com
“Website Terms”: These JTAPE Website Terms and Conditions of Sale governing Contracts for the sale of Goods to Consumers through the Website.
“Business Day”: A day (other than Saturdays, Sundays, and bank/public holidays) when banks in London are open for business.
* For the avoidance of doubt, Bespoke Goods and Private-Label Goods are not available for purchase through the Website. They must be ordered directly from the Seller and are governed by the Seller’s Commercial Terms and Conditions of Sale, subject to any statutory rights that apply to the Purchaser.
2. APPLICATION
2.1 These Terms apply to Contracts for the sale of Goods to Consumers purchased via our Website. The Website is intended for purchases by Consumers. We recommend that Business Customers purchase by contacting our sales team directly to discuss their requirements and place an Order. Purchases by Business Customers made directly with us are governed by our JTAPE Terms and Conditions of Sale (Commercial), which are available on request from our customer service team.
2.2. These Terms, together with the information provided to you before you place your Order and the Sales Order Confirmation, form part of the Contract between you and us. Nothing in these Terms affects your statutory rights as a Consumer. For more information about your statutory rights, you can contact Citizens Advice.
3. PLACING AND ACCEPTANCE OF ORDER & FORMATION OF CONTRACT
3.1. The only language offered for the conclusion of the Contract is English.
3.2. All orders made by you through our Website are subject to acceptance by us.
3.3. Technical Steps for placing an Order:
To place an Order via the Website, the following technical steps must be completed:
- a) Selection: You must select the Goods you require and add them to your Shopping Basket.
- b) Checkout: You must proceed to the Checkout area and enter your personal details, delivery address, and payment information.
- c) Review and Correction: You will be given the opportunity to review your Order and correct any input errors on the ‘View Your Basket’ page before you click the ‘Pay Now’ button.
- d) Submission: You submit the Order by clicking on the ‘Pay Now’ button.
- e) Acknowledgement: You will receive an automated message confirming that your Order has been successfully submitted. This is not an acceptance of your Order.
- f) Acceptance: Your Order is accepted and the Contract is formed only when you receive a Sales Order Confirmation from us or when the Goods are dispatched to you, whichever occurs first.
3.4. The Sales Order Confirmation will include:
- a) your Order number and personal details;
- b) the price of the Goods; and
- c) the estimated delivery date of the Goods (which is indicative only and not a guaranteed delivery date).
3.5. Orders placed via the Website constitute an offer to purchase the Goods in accordance with these Terms and Conditions. Please check your Order carefully before submitting it, as you are responsible for ensuring that your Order details are correct.
3.6. We reserve the right to decline Orders from any person. We may decline to accept any Order, whether or not payment has been received, by giving notice of non-acceptance to you by telephone or email within a reasonable period after receipt of the Order. If payment has been received for an Order which is subsequently declined, a full refund will be issued.
3.7. All Orders placed via the Website are subject to stock availability and the verification of the correct price. In the event of an obvious pricing error on our Website, where the error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we reserve the right to reject your Order or cancel the Contract (even if a Sales Order Confirmation has been sent), refund your payment in full, and decline to supply the Goods.
4. CHANGES TO ORDERS
4.1. Once you have clicked the “Pay Now” button, changes to your Order cannot be made via the Website.
4.2. If you have made a mistake and wish to amend your Order, please contact us as soon as possible by emailing ols@jtape.com, or calling +44 (0)1625 618185 (calls charged at standard network rates). While we will make every reasonable effort to accommodate changes, we cannot guarantee that amendments can be made if your Order has already been processed for fulfilment or dispatch, or if we have commenced production of Goods specifically to fulfil your Order.
4.3. For further details on your rights, please see Clause 16 (Cancellation, Returns and Refunds Policy) and Clause 17 (Bespoke and Private-Label Goods).
5. PRICE
5.1. Item prices shown on the Website include VAT, but exclude delivery charges and any other applicable charges unless expressly stated otherwise. The applicable delivery charges will be calculated and displayed during the checkout process before you confirm your Order.
5.2. The total price of the Goods, including VAT and delivery charges, will be shown in your Sales Order Confirmation.
5.3. We take reasonable care to ensure that prices displayed on the Website are accurate. However, occasionally an error may occur. If we discover an obvious and unmistakable pricing error which could reasonably have been recognised by you as a mispricing, we reserve the right to decline your Order before the Contract is formed or, where the Contract has already been formed, cancel the Contract where permitted by applicable law. If payment has been received, we will refund the amount paid to you without undue delay.
5.4. Special offers and promotions advertised in the press or other media, including on official JTAPE social media channels, may not apply to Orders placed via the Website unless specifically stated. All offers are subject to availability, any stated promotional period and any other applicable terms.
5.5. We may change the prices, offers, Goods and specifications of Goods displayed on the Website at any time before we accept your Order. Any such changes will not affect Orders that we have already accepted, except where otherwise expressly provided in these Terms or required or permitted by law.
6. TERMS OF PAYMENT
6.1. The payment methods available for purchases made via the Website are those shown on the checkout page. No other forms of payment are accepted for purchases made via the Website unless otherwise stated.
6.2. You confirm that the payment method used to place your Order is yours or that you have been authorised to use it to make the payment.
6.3. Payment for the Goods and any applicable delivery charges is due when you place your Order and will be taken using the payment method selected at checkout. Where you use a deferred payment provider, such as Klarna, your payment schedule and agreement with that provider will be governed by its applicable terms and conditions.
6.4. Payment transactions may be subject to validation and authorisation checks by your payment provider or card issuer. If payment is not authorised, we may be unable to accept your Order. We are not responsible for any delay or non-delivery resulting from the failure of your payment provider or card issuer to authorise payment.
6.5. These Terms of payment apply to purchases made via the Website only. Business customers requiring pro-forma invoices or credit accounts must refer to our Commercial Terms and Conditions of Sale and contact our sales team directly.
7. DELIVERY AND RISK
7.1. Any delivery dates provided on the Website or in the Sales Order Confirmation are estimates only and are not guaranteed, subject to your statutory rights.
7.2. We shall not be liable for any delay in delivery that is caused by an event beyond our reasonable control. If delivery is substantially delayed, you may have statutory rights to end the Contract and receive a refund for any Goods you have paid for but not received. Nothing in this clause affects those rights.
7.3. Delivery of an Order is completed when the Goods are delivered to the delivery address you provided during checkout. Risk in the Goods passes to you when the Goods come into your physical possession or, where applicable, the physical possession of a person identified by you to take possession of the Goods.
7.4. We ask that you inspect the Goods as soon as possible after delivery. If you notice any damage or if the Goods do not match your Order, please notify us within 48 hours where possible. This helps us make a timely claim against our couriers.
7.5. Your legal rights regarding faulty or misdescribed Goods are not affected by these timeframes. For further details on your rights, please see Clause 16 (Cancellation, Returns and Refunds Policy).
8. RETENTION OF TITLE
8.1. Ownership of the Goods (title) shall pass to you when we have received payment in full for the Goods, subject to your statutory rights.
8.2. If payment for the Goods is subsequently reversed, cancelled or otherwise not received in full after the Goods have been delivered to you, we may require you to return the Goods to us, subject to your statutory rights and any applicable rights under these Terms. We will provide reasonable notice and instructions for the return of the Goods.
8.3. If we require you to return the Goods under Clause 8.2, we will contact you to arrange their return and will provide reasonable instructions for doing so. We will not enter your premises to recover Goods without your express permission.
8.4. Nothing in this Clause (8) affects your statutory rights as a Consumer, including any rights you may have in relation to faulty, damaged or misdescribed Goods.
9. LIABILITY
9.1. Nothing in these Terms shall limit or exclude our liability for:
- a) death or personal injury caused by our negligence;
- b) fraud or fraudulent misrepresentation;
- c) any breach of the terms implied by section 17 of the Consumer Rights Act 2015 (title and quiet possession);
- d) any other liability which cannot lawfully be excluded or limited.
9.2. Subject to Clause 9.1, 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. 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.
9.3. Use of Goods: The Goods are intended to be used in accordance with their published technical specifications and any instructions provided by us. We will not be responsible for any loss or damage to the extent that it is caused by your use of the Goods outside those specifications or instructions.
9.4. We will not be responsible for any failure or defect in the Goods to the extent that it is caused by:
- a) inappropriate application, misuse, or use of the Goods in conjunction with incompatible products;
- b) failure to follow our oral or written instructions as to the storage, installation, or use of the Goods;
- c) your alteration or repair of the Goods without our written consent.
9.5. Subject to Clause 9.1, your statutory rights as a Consumer and any liability which cannot lawfully be excluded or limited, our total liability to you for losses arising under or in connection with the Contract shall not exceed the total price of the Goods, including VAT and delivery charges, paid for the specific Order giving rise to the claim.
10. PURCHASER’S REPRESENTATIONS
10.1. By placing an Order through our Website, you confirm that:
- a) You are legally capable of entering into binding contracts;
- b) You are at least 18 years of age;
- c) All information you provide to us (including delivery address and contact details) is complete and accurate;
- d) You are purchasing the Goods as a Consumer and not for resale or primarily for purposes relating to your trade, business, craft or profession;
- e) You will ensure that the delivery address provided when placing your Order is accurate and suitable for delivery and, where applicable, that someone is available to accept delivery. We will not be responsible for any loss, damage or delay caused by an incorrect or incomplete delivery address provided by you, or by your failure to ensure that someone is available to receive the Goods, except to the extent caused by our breach of Contract or otherwise provided by law. This does not affect your statutory rights in respect of faulty, damaged or incorrectly supplied Goods.
11. LICENSES AND CONSENTS
11.1. You are responsible for obtaining, at your own expense, any licences, consents or authorisations required by any government or regulatory body in connection with your importation, possession or use of the Goods.
11.2. You shall, upon our request, provide evidence of such licences or consents.
11.3. We shall not be liable for any delay or failure to deliver to the extent that such delay or failure is caused by your failure to comply with this clause.
11.4. Import Duties and Taxes: If you order Goods from our Website for delivery outside the UK, the Goods may be subject to import duties, taxes, customs clearance requirements and other charges imposed by the authorities in the destination country. You are responsible for complying with any applicable customs requirements and for paying all such duties, taxes and charges, unless otherwise stated by us at the time of Order. We are not responsible for any delay, additional cost or other consequence caused by your failure to comply with applicable customs requirements or to pay any such duties, taxes or charges, except to the extent caused by our breach of Contract or otherwise provided by law.
11.5. Compliance with Local Laws: You must comply with all applicable laws and regulations of the country for which the Goods are destined. We will not be liable for any loss, delay, seizure, refusal of entry or other consequence caused by your failure to comply with any such law or regulation, except to the extent caused by our own breach of contract or applicable law.
12. FORCE MAJEURE
12.1. We shall not be liable for any loss, damage or costs suffered by you to the extent that our delay in, or failure to, supply the Goods is caused by an event or circumstance beyond our reasonable control (“Force Majeure Event”), including but not limited to:
- a) acts of God, natural disasters, flood, drought, earthquake, epidemic or pandemic;
- b) war, armed conflict, terrorism, civil unrest, riots, sanctions, embargoes or other hostilities;
- c) nuclear, chemical or biological contamination;
- d) any law, regulation or action of any government or public authority, including the imposition of import or export restrictions, quotas or prohibitions;
- e) fire, explosion, accident or collapse of buildings;
- f) strikes, industrial disputes, lockouts or other labour disputes;
- g) failure or significant disruption of utilities, telecommunications or transport services;
- h) significant disruption to our supply chain caused by an event or circumstance beyond our reasonable control, including failure or non-performance by our suppliers or subcontractors where such failure or non-performance is itself caused by an event or circumstance beyond their reasonable control;
- i) any other event or circumstance beyond our reasonable control.
12.2. To the extent that a Force Majeure Event prevents or delays our performance, our affected obligations under the Contract shall be suspended for the duration of the Force Majeure Event, and the time for performance shall be extended for a reasonable period having regard to the circumstances. Nothing in this clause affects your statutory rights as a Consumer.
12.3. If a Force Majeure Event results in a substantial delay in delivery, you may have statutory rights to end the Contract and receive a refund for any Goods you have paid for but not received. Nothing in this clause limits or excludes those rights.
13. TERMINATION OF CONTRACT BY JTAPE
13.1. We may terminate the Contract immediately by giving you written notice if:
- a) you commit a material breach of this Contract which, if capable of remedy, you fail to remedy within a reasonable period after we have notified you, or which is sufficiently serious to justify immediate termination;
- b) you cancel, reverse or seek to reverse a payment due under the Contract without lawful justification;
13.2. If we terminate the Contract for any of the reasons set out above, we may, to the extent permitted by applicable law and subject to your statutory rights:
- a) where reasonably practicable, stop or arrange for the return of any Goods in transit to you that have not been paid for;
- b) suspend any future deliveries under the Contract; and
- c) require you to immediately return any Goods in your possession that have not been paid for, or pay the outstanding balance for those Goods.
14. WAIVER
14.1. A waiver of any right or remedy under this Contract or by law is only effective if given in writing.
14.2. No failure or delay by JTAPE to exercise any right or remedy shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy.
14.3. Our rights and remedies under this Contract are cumulative and do not exclude any rights or remedies provided by law.
15. NOTICES
15.1. Any notice given under this Contract must be in writing. Notices to Us should be delivered to our registered office (marked for the attention of the Company Secretary) or sent by email to ols@jtape.com. Notices to You will be sent to the postal address or email address provided by you in your Order.
15.2. Notice shall be deemed as received when:
- a) Delivered by hand : On receipt
- b) Delivered by First-Class Post: At 9:00 am on the second Business Day after posting.
- c) Email: At 9:00 am on the next Business Day after the email is sent, provided no delivery failure notification is received.
15.3. This clause does not apply to the service of legal proceedings.
16. CANCELLATION, RETURNS AND REFUNDS POLICY
16.1. You have a legal right to change your mind and cancel your Contract within 14 days of receiving the Goods, or the last of the Goods where these are delivered in multiple shipments.
16.2. To cancel, please email us at ols@jtape.com or call us on +44(0)1625 618185 (calls charged at standard network rates).
16.3. You must return the Goods to us within 14 days of notifying us of your decision to cancel.
16.4. We will refund the amount paid to you using the same payment method used for your Order, unless you have expressly agreed otherwise, within 14 days of receiving the returned Goods or receiving evidence that they have been sent back, whichever is earlier. The refund will include the cost of our standard delivery. If you chose a more expensive delivery option (e.g. Next Day Express), we will only refund the cost of our least expensive standard delivery method.
16.5. This Clause (16) applies to Goods purchased through the Website by Consumers under these Terms. Bespoke and Private-Label Goods are not available for purchase through the Website and are governed by the Seller’s Commercial Terms and Conditions of Sale, subject to any statutory rights that apply to the Purchaser. See Clause 17 (Bespoke and Private-label Goods).
16.6. JTAPE may cancel an Order which has been accepted where the Goods are unavailable and cannot reasonably be supplied, there is an obvious error in the price or description of the Goods, or circumstances beyond our reasonable control prevent us from fulfilling the Order. We will notify you of any such cancellation as soon as reasonably practicable.
16.7. If we reject or cancel an Order for which payment has been taken, we will refund the amount paid to you without undue delay, using the same payment method used for the original transaction, unless you have expressly agreed otherwise.
16.8. We may make a deduction from your refund if the value of the Goods has been reduced by your handling them beyond what is necessary to establish their nature, characteristics and function. For example, if a roll of tape has been used or the packaging damaged, we may reduce your refund to reflect the diminished value of the Goods.
16.9. Cost of Returns: Unless the Goods are faulty or not as described, you will be responsible for the direct cost of returning the Goods to us. We recommend using a tracked service so that you can provide evidence that the Goods have been returned.
17. BESPOKE AND PRIVATE LABEL GOODS
17.1. Bespoke and Private-Label Goods are not available for purchase via our Website.
17.2. Bespoke and Private-Label Goods must be purchased directly from the Seller by contacting info@jtape.com or by calling +44 (0)1625 618185 (calls charged at standard network rates).
17.3. Our Commercial Terms and Conditions of Sale apply to purchases of Bespoke and Private-Label Goods. The Commercial Terms differ from these Website Terms and will be provided to you before you place an Order, subject to any applicable statutory consumer rights.
18. COMPLIANCE & DISPUTES
18.1. We will provide you with a copy of the Contract in a form that you can save and reproduce for your records. We recommend that you also retain a copy of these Terms and your Sales Order Confirmation.
18.2. If we cannot resolve a dispute with you directly, you can seek advice from Citizens Advice. Information about Alternative Dispute Resolution (ADR), including information about ADR providers, is available from the Chartered Trading Standards Institute.
18.3. Model Cancellation Form: To cancel your Contract, you may use the following model cancellation form, although it is not mandatory:
| To: JTAPE Limited Address: Hulley Road, Macclesfield, Cheshire, SK10 2SF Email: ols@jtape.com Telephone: +44 (0) 1625 618185 I/We* hereby give notice that I/We* cancel my/our* contract of sale of the following goods: Ordered on* / received on*: ________________ Order Number: _______________ Name of consumer(s): ____________________________ Address of consumer(s): __________________________________________________ __________________________________________________ Signature of consumer(s) (only if this form is notified on paper): _________________________________________________ Date: _______________ * Please DELETE as appropriate |
19. GOVERNING LAW
19.1. These Terms and all Contracts shall be governed by English law. Any dispute shall be subject to the jurisdiction of the courts of England and Wales, except that if you are resident in Scotland or Northern Ireland, you may also bring proceedings in the courts of Scotland or Northern Ireland, as applicable. Nothing in this clause prevents JTAPE from bringing proceedings against you in any court having jurisdiction over you.
20. ENTIRE AGREEMENT
20.1. These Terms, together with the applicable Sales Order Confirmation, constitute the Contract between the parties in relation to the sale of the Goods and supersede any previous agreement, proposal or understanding relating to that sale, except to the extent that any such term, representation or information forms part of the Contract or cannot lawfully be excluded.
20.2. Nothing in this clause excludes or limits any liability or rights that cannot lawfully be excluded or limited, including liability for fraud or fraudulent misrepresentation.