TERMS + CONDITIONS
This website is operated by Jake and Maya Ltd, Registered in England No. 9693021
Our postal address is:
Jake and Maya Ltd, Farleigh Farm House,
Kington Langley SN15 5NH, UK
These Terms and Conditions govern the relationship between Jake and Maya Ltd and our users.
By using or accessing or visiting www.jakeandmaya.com, you agree and/or affirm to be bound by these Terms and Conditions.
In these terms and conditions:
◦ ‘content’ means information we publish or you post on jakeandmaya.com, including information about you
◦ ‘jakeandmaya.com’ and ‘Jake + Maya’ means Jake and Maya Ltd, Registered in England, Company Registration Number
◦ ‘our site’ means our presence on the Internet;
◦ ‘our’, ‘we’ and ‘us’ means Jake and Maya Ltd and, where applicable, its employees, affiliates and authorised agents; and
◦ ‘products’ means the goods and/or services provided by Jake + Maya [Kids] including but not limited to our own products and products by our chosen independent brands.
◦ ‘seller’ means, ourselves, the named brand, designer or individual on whose behalf we sell as disclosed agent
◦ ‘use’ means use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of
◦ ‘user’ means any user of our site
◦ ‘you’ and ‘your’ include any user of our site.
◦ ‘website’ means jakeandmaya.com
ORDERS + PAYMENT
All orders are subject to acceptance and availability. Unless otherwise stated, items on the Jake + Maya Kids website are in stock and available for delivery.
Items will ordinarily be fulfilled via a Jake + Maya Kids store location, but only those items lists as available in-store are available immediately in-stock, all other items will be requested from the seller
We must receive payment of the whole of the price for the items that you order before your order can be accepted.
Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form. After this time, the order may still be rejected at our discretion or if the seller cannot fulfill the item for any reason. If your order is rejected or your item becomes unavailable we contact you as soon as possible to inform you and you will be offered a full refund. We and/or the seller reserve the right not to accept your order or to refuse to process a transaction at any time at our discretion. Our acceptance of your order brings into existence a legally binding contract between you and us (on behalf of the seller) on these Terms and Conditions.
By providing us with your details to make a purchase you understand and agree that:
◦ You will provide us with truthful personal information about yourself and will keep this information accurate and current
◦ You will not create an account for anyone other than yourself without permission and you will not share your account details with anyone else or do anything else to jeopardise the security of your account.
You agree to notify us of any content which breaches these Terms and Conditions by e-mailing us at email@example.com
PRICE + PAYMENT
The prices payable for the goods and/or services that you order areas set out in our website. If you fail at any time to pay any charges due in accordance with these terms and conditions we may, in our discretion and withoutprejudice to our other rights, refuse to provide you with our goods and/or services. We need not provide you with advance notice in such circumstances.
Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a confirmation of sale.
Despite our best efforts, sometimes our products may be incorrectly priced. Where there is a discrepancy in price, and the stated price is less than the correct price for the products we will contact you for instructions before delivery or reject your
order and notify you of such rejection. Where the stated price is more than the correct price, we will charge you the lower amount when making delivery to you.
We use Global Payments and/or PayPal to process payments through our website and do not make any representation or warranty with regard to their service.
We have made every effort to make clear whether the quoted prices for items available through our site include any relevant tax and/or duty or do not. Where in any case it is not clear please note before you make an order that you might be required to bear a liability to tax or duty (for example value added tax) imposed by the seller or by operation of law that is in addition to the price.
RETURNS, REFUNDS + CANCELLATION
◦ If you purchase an item you agree that payments made through our website are made at your own risk. If you purchase an item from us then you have the right to cancel your order within 14 working days of receiving the item. To do so, you must notify our Customer Services team via firstname.lastname@example.org within those 14 working days. You will then be entitled to a refund from Jake + Maya Kids that will be paid as soon as possible, but in any event within a further 14 days following the receipt of the returned item(s).
◦ If you cancel your order with us, you must return any items to us immediately, in the same condition in which you received them. This will be at your own cost unless the return is organised by Jake + Maya Kids in which case collection and return is ordinarily free of charge. If you return any items not via our returns service then we will not be responsible for any loss or damage to them in transit and we reserve the right to charge you for any such loss or damage.
◦ If the items were made to your specifications, or are clearly personalized, you will not have the right to cancel your order under section 7
◦ If you are not happy with your purchase, simply contact us within 14 days of receiving the item and we will talk you through the rest of the returns process. The process will depend on your location.
◦ Shipping costs are not refunded for items using our free collection service, unless your items are faulty.
◦ You must return the item(s) in the same condition in which you received them, with their original packaging. You are asked to take reasonable care with the items and in the case of an item with a hygiene seal, you are required not to remove the seal when examining the item.
◦ A full refund excluding any applicable delivery costs will be processed within 14 days of us receiving the returned items.
As a consumer you have the right to cancel a contract at any time within fourteen days, beginning on the day after you received the products. In this case, you will receive a full refund of the price paid for the Products in accordance with our returns policy.
To cancel a contract, you must inform us in writing and return the products to us immediately, in the same condition in which you received them and at your own cost and risk. You have a legal obligation to take reasonable care of the products
whilst they are in your possession. Your statutory rights are unaffected.
We reserve the right in our sole discretion to deny users access to our site or any part of our site without notice (including blocking IP addresses) and to decline to provide the service to any user that is in breach of these terms and conditions of use.
Delivery will be made as soon as possible after your order is accepted; this is usually the same working day if the item is in stock in-store. In any event, delivery will be made within 30 days of your order. The products are at your risk from the time your delivery is signed for.
For all UK orders, we use the Royal Mail postal service or, from time to time, other couriers or postal services.
For all International orders, we use DHL Express or, from time to time, an alternative express courier service or postal service.
International orders may be subject to the payment of import duties and taxes. You are responsible for payment of any such import duties and taxes.
A delivery fee may be charged in addition to the cost of the goods purchased. The delivery fee in respect of your order with us will be advised to you at the time your order is made.
LINKS TO OTHER SITES
Certain links, including hypertext links, in our site will take you outside our site. Links are provided for your convenience and inclusion of any link does not imply endorsement or approval by us of the linked site, its operator or its content. We are not responsible for the content of any website outside our site.
COPYRIGHT + TRADEMARKS
All rights in the design, text, graphics and other material on our site and the selection or arrangement thereof are the copyright of us, the seller or other third parties. Permission is granted to electronically copy and print in hard copy portions of our site solely in connection with the acquisition of goods and/or services through our site. Any other use of materials on our site (including reproduction for purposes other than those noted above and alteration, modification, distribution, or republication) without our prior written permission is strictly prohibited.
All trade marks, product names and company names or logos used in our site are our property or that of their respective owners. No permission is given by us in respect of the use of any such trade marks, get-up, product names, company names, logos or titles and such use may constitute an infringement of the holder’s rights.
Accuracy + Variations
We have taken care with the descriptions and specifications of our products and to reproduce colours and styles accurately on our website, although some variation may occur.
We reserve the right at any time without notice to revise the content of our site (including the goods and/or services offe
red by us) and these terms and conditions. Any changes to these terms and conditions will be posted on our site and by continuing to use our site following any such change you will signify that you agree to be bound by the revised terms and conditions of use.
EXCLUSIONS + INDEMNITY NOTICES
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at Jake and Maya Ltd, Farleigh Farm House, Fairleigh Rise, Kington Langley SN15 5NH and all notices from us to you will be displayed on our website from to time.
Events beyond our control
We shall have no liability to you for any failure to deliver goods and/or services you have ordered or any delay in doing so or for any damage or defect to services delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
Exclusions + Limitations
You use our website at your own risk. We are providing this site on an ‘as is’ basis and make no representations or warranties of any kind with respect to this site or its contents and disclaim all such representations and warranties.
We make no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information and related graphics published in this site. The information contained in this site may contain technical inaccuracies or typographical errors.
We do not represent or warrant that access to our site, or any part of it will be uninterrupted, reliable or fault free.
We do not represent or warrant to you that our site or any of its contents will be accurate, complete, reliable or useful. We are not and cannot be responsible for content posted, transmitted or shared on our website.
We do not represent or warrant that:
◦ any goods and/or services (whether or not provided by us) will be provided with due care and skill; or
◦ any goods and/or services (whether or not provided by us) will be of merchantable quality or will be fit for any purpose (even if that purpose has been previously notified to us).
We make no representation or warranty that our site is safe to use. You agree to take a reasonable degree of caution in using our website.
To the extent permitted by law, we exclude all liability (whether arising in contract, tort or otherwise and whether or not due to our negligence) which we may otherwise have to you as a result of:
◦ any technical, factual, textual or typographical inaccuracies, errors oromissions on or relating to our site or any information on our site;
◦ the unavailability of our site (or any part of it), or its services;
◦ any delay in providing, or failure to provide or make available goods and/or services or any negligent provision of services;
◦ any services not being of merchantable quality or fit for their intended purpose; or
◦ any misrepresentation on or relating to our site, the services (other than a fraudulent misrepresentation made by us or on our behalf).
In no event shall we be liable for any damages and/or losses whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone
else in connection with the use of our website, including without limitation, bodily injury, emotional distress, loss of data, loss of income or profits, damages for loss of or damage to property and/or any other damages resulting from use of our website.
Our maximum liability to you in respect of your use of our site or any services we provide or make available to you through or in relation to our website is limited to the purchase price of the products you purchased.
You agree that each of these limitations is reasonable having regard to the nature of our site and in particular given that when you purchase goods and/or services through our site you will enter into a separate contract in each case.
None of the exclusions or limitations in these terms and conditions shall exclude or restrict our liability for:
◦ death or personal injury caused by our negligence
◦ section 2(3) of the Consumer Protection Act 1987
◦ fraud or fraudulent misrepresentation
◦ any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
None of the above exclusions shall affect any statutory rights which are not capable of being excluded. However, in such case our obligation, where permitted by law, will be limited to the re-supply of our site, or its service to you.
Each of the above exclusions or limitations shall be construed as a separate, and severable, provision of these terms and conditions.
You agree to indemnify and hold Jake + Maya Kids harmless from all loss, liabilities, claims, demands and expenses (including reasonable legal fees) made by any third party that may arise from any breach of these Terms and
Conditions by you or through a machine on which you access our website.
Waiver + Invalidity
Failure on our part to enforce any part of these Terms and Conditions will not be considered a waiver. Any amendment to or waiver of these Terms and Conditions must be made in writing and signed by us.
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
Privacy + Use of Your Information
COMPLAINTS + DISPUTES
In the event of a complaint or dispute then you should raise the matter by emailing our customer support team email@example.com who will do their utmost to get this resolved quickly.
If our support team is unable to satisfactorily address the issue then you can escalate the matter by writing to:
The Directors, Jake + Maya Kids, Farleigh Farm House, Fairleigh Rise, Kington Langley SN15 5NH, UK
Should we be unable to resolve a complaint that you make to us within eight weeks then you can take your complaint to
The Retail Ombudsman. This is an independent organization, which provides Alternative Dispute Resolution for consumers and retailers. You can contact them via www.theretailombudsman.org.ukor via email to firstname.lastname@example.org
Third party rights
A person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
Transfer of Business
We may freely assign all of our rights and obligations under these Terms and Conditions in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
The contract between us shall be governed by and interpreted in accordance with English Law and the English Courts shall have exclusive jurisdiction to resolve any disputes between us.
We do not separately file the individual agreements entered into by customers when they purchase from www.jakeandmaya.com. You can access our terms and conditions at www.jakeandmaya.com.
Please contact us with any questions regarding this agreement at email@example.com
Our postal address is:
Jake and Maya Ltd,
Farleigh Farm House, Fairleigh Rise,
Kington Langley SN15 5NH