Terms for the sales of goods

1 ABOUT THESE TERMS

1.1 These terms and conditions (Terms) set out the terms on which you can purchase Physical or

digital artwork (Goods) through our website (Website). You must accept these Terms for us to

provide the Goods to you. By purchasing one or more of our Goods, you confirm that you accept

these Terms and you become legally bound by them.

1.2 Please read these Terms carefully. These Terms tell you who we are and other important

information. They describe how we sell our Goods, set out your rights and responsibilities and tell

you what to do if there is a problem. These Terms also limit our liability.

1.3 Some of these terms only apply if you are purchasing Goods as a consumer. This means that you

primarily use the Goods for personal use (and will not use our Goods for commercial, business or

resale purposes). Terms that only apply to consumers will be marked clearly.

1.4 By purchasing our Goods, you are agreeing to these Terms. If you do not agree to these Terms,

you must not purchase our Goods.

1.5 Please note that we reserve the right to update, change or replace any part of these Terms at our

sole discretion. However, the terms which apply to your order will be those in force at the time you

submitted your order to us.

1.6 We will collect some personal data about you in order to process your order (e.g. your name,

email address, payment details and delivery information).

1.7 These terms cover the terms and conditions if you purchase Goods via the Website.

2 WHO ARE WE?

2.1 We are Jagga.online, whose address is 145-157 St John St , London , EC1V 4PY (we/us/our).

2.2 We are Artist and in the business of selling Original and Digital Art.

2.3 If you have any questions about these Terms, please contact our sales team.

3 PLACING AN ORDER

3.1 To purchase one or more of our Goods, you need to place an order on our Website.

3.2 Please check your order carefully before confirming it. You are responsible for ensuring that your

order is complete and accurate.

3.3 The order will only be accepted when we send you a written acceptance of the order by email, at

which point a contract between you and us will be created that is subject to these Terms. We will then

send you a shipping confirmation email to let you know once your order has been dispatched.

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3.4 We reserve the right to accept or reject any order at our discretion. If we are unable to accept your

order, we will notify you as soon as possible.

If you are a consumer:

3.5 By placing an order, you confirm that you are an individual who is:

3.5.1 at least 18 years old

3.6 If you would like to make any changes to your order after you have submitted it, please contact us

as soon as possible and we will let you know if it is possible to change your order.

4 DESCRIPTION OF OUR GOODS

4.1 Descriptions of the Goods are as set out on our Website.

4.2 Whilst we display the colours of the Goods, as accurately as possible, there may be minor

variations between the images as they are displayed on the Website and the Goods you receive. In

particular (but without limitation), we cannot guarantee that your computer's display of the colours

will reflect the colour of the Goods.

4.3 When providing our Goods to you, we promise that:

4.3.1 we will provide our Goods to you in accordance with these Terms;

4.3.2 we will comply with all applicable laws;

4.3.3 our Goods will conform with the description set out in the order;

4.3.4 our Goods will be free from material defects;

4.3.5 our Goods will be of satisfactory quality.

4.4 All weights, sizes and measurements set out on our Website are as accurate as possible but there

may be a small tolerance of up to 5%.

5 DELIVERY

5.1 We will deliver your selected Goods to you according to your chosen delivery method, as set out

in our email confirmation to you. A full list of our delivery charges can be found at checkout. The cost of

delivery will be as displayed to you on our Website when you place the order.

5.2 While we make every effort to deliver our Goods to you on your chosen delivery date or as soon

as reasonably possible and in any event within 30 days of accepting your order, time of delivery is not

guaranteed.

6 PRICE AND PAYMENT

6.1 The price for our Goods will be shown on the Website and as set out in your order (Price). The

Price is inclusive of VAT.

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6.2 Prices for our Goods may change at any time. This will not affect existing orders unless:

6.2.1 the information you provided us in relation to your order was materially different from the

information we required in order to provide the Goods (for example, measurements, weights etc.); or

6.2.2 there has been an error on the Website regarding the pricing of any of our Goods and this affects

your order, we will try to contact you using the contact details you provided when you placed your

order. We will give you the option to re-confirm your order at the correct price or to cancel your

order.

6.3 We will charge the Price to the credit or debit card that you have provided at the time we accept

the order. All amounts due must be paid in full in advance.

6.4 We accept the following credit cards and debit cards: Visa Mastercard American Express. All

credit card and debit card payments need to be authorised by the relevant card issuer.

6.5 We use a third-party payment provider Stripe to process payments on our Website.

7 YOUR RIGHTS AS A CONSUMER

This clause 7 only applies where you purchase Goods from us as a consumer.

7.1 You have 14 days from the date of your order confirmation email to change your mind and cancel

your order. This does not apply to perishable products, bespoke or personalised products, or any

products that have a protective seal.

7.2 To cancel your order, please email us at [email protected]. You can also copy and paste the

following model cancellation form wording to your email to cancel your order:

"To [Supplier's name]

My name is [insert your full name].

I am giving notice to cancel my contract for a [insert details of Goods]. I placed this order on [insert

date] and received confirmation on [insert date]."

7.3 To help us process your cancellation more quickly, please have your order details ready or include

it in the email or cancellation form you send to us.

7.4 If you have already received your order, you must return the products to us within 14 days of

telling us that you want to cancel your order. The deadline is met if you send or bring the products

back to us before the 14-day period has expired. We strongly recommend that you get proof of

postage. We may withhold the refund until we have received the products back from you or until you

have provided us with evidence that you have sent the products back (whichever is earlier).

7.5 Goods must be returned to us in a new and unused condition and, to the extent possible, in their

original packaging. We may make a deduction from the refund amount if you have handled the

product in a way that has diminished the value of the product, if such handling was beyond what is

necessary to establish the nature, characteristics and functioning of the products. You are responsible

for the products while they are in your possession.

7.6 Unless your products are faulty or misdescribed, you are responsible for the cost of returning the

products to us. For information on how to return your products to us, please visit jaggaonline.com.

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7.7 Once we have received the returned Goods and are satisfied that they are in new and unused

condition, we will provide you with a full refund (including basic delivery charges) as soon as

possible. If you cancelled your order before you received any products, we will issue the refund no

later than 14 days after the day on which you told us that you want to cancel. If you have sent

products back to us, we will issue the refund no later than 14 days after the day we receive the

products back from you or, if earlier, 14 days after the day you provide us with evidence that you have

sent the products back.

7.8 We will issue your refund to the same payment method you used when you placed your order.

7.9 For more detailed information on your consumer rights, visit the Citizens Advice website at

www.citizensadvice.org.uk/consumer or call 0808 223 1133.

8 IF THE GOODS ARE FAULTY

Where the Goods or deliverables do not meet their descriptions:

If you are a consumer:

8.1 The Goods that we provide to you must be as described, fit for purpose and of satisfactory quality.

We are under a legal duty to supply products that are in conformity with our contract with you.

8.2 During the expected lifespan of the Goods, you are entitled to the following:

8.2.1 Up to 30 days: If your product is faulty, you can get an immediate refund.

8.2.2 Up to 6 months: If the product cannot be repaired or replaced, then you are entitled to a full

refund in most cases.

8.2.3 Up to 6 years: If the product does not last a reasonable length of time, you may be entitled to

some money back.

8.3 If you have returned the Goods to us because they were faulty or misdescribed, we will refund the

Price and the delivery costs to you on your original payment method promptly upon receiving the

Goods.

8.4 If your Goods are faulty or misdescribed, please contact us as soon as reasonably possible.

If you are a business customer:

8.5 You must notify us in writing within 14 days of receipt of the Goods and any deliverables setting

out the nature and extent of the faults or defects;

8.6 You are responsible for the cost of returning the Goods to us; and

8.7 We shall, at our option, remedy the fault with the Goods or refund (in whole or in part) the Price

for the Goods.

9 YOUR OBLIGATIONS AND RESTRICTIONS

9.1 You agree that:

9.1.1 you will provide complete and accurate information when placing an order;

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9.1.2 you are responsible for making sure that the information you provide us in order to enable us to

provide the Goods is correct;

9.1.3 you will comply with these Terms, and any other documents referred to in it, when placing an

order for Goods; and

9.1.4 in reading and accepting these Terms, you are aware of and understand your rights and

responsibilities, and if you are not sure, you have contacted us on our Contact page for help or more

information.

10 OUR RIGHT TO END THE CONTRACT

10.1 We may terminate any and all contracts we have with you at any time by contacting you in

writing if:

10.1.1 you commit a serious breach of these Terms;

10.1.2 you do or take part in anything illegal when using our Website or purchasing our Goods; or

10.1.3 you fail to pay any amount due under a contract on the due date.

10.2 You can cancel your order under clause 7 (your rights as a consumer) or clause 8 (if the goods

are faulty).

10.3 Our right to terminate does not affect any of your rights.

11 OUR LIABILITY TO YOU

11.1 We are not liable to you for any losses you incur where the Goods are delayed or cannot be

delivered because you fail to make information available to us or fail to provide us with adequate

instructions or information to allow us to deliver the Goods.

11.2 We are not liable to you for any loss or damage that was not foreseeable, any loss or damage not

caused by our breach or negligence, or any business loss or damage. If we are affected by an

unforeseeable event, we will promptly write to you to let you know if this means we are unable to

fulfil the contract.

11.3 Nothing in these Terms excludes or limits our liability for any death or personal injury caused by

our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law

does not allow us to exclude or limit.

The following clauses in this clause 11 only apply to you if you are a consumer.

11.4 If we breach these Terms or are negligent, we are liable to you for foreseeable loss or damage

that you suffer as a result. By ‘foreseeable’ we mean that, at the time the contract was made, it was

either clear that such loss or damage would occur, or you and we both knew that it might reasonably

occur, as a result of something we did (or failed to do).

11.5 We are not liable to you for any losses you incur where the Goods are delayed or cannot be

performed because you fail to make the delivery location available to us, or fail to prepare the location

as required for us to provide the Goods, or fail to provide us with adequate instructions or information

to allow us to perform the Goods (for example, failure to provide measurements).

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The following clauses in this clause 11 only apply if you are a business customer.

11.6 Subject to the below, our liability under or in connection with these Terms (regardless of whether

such liability arises in tort, contract or in any other way and whether or not caused by negligence or

misrepresentation) will not exceed the price for the Goods paid by you.

11.7 We will not be liable to you under or in connection with these Terms (regardless of whether such

liability arises in tort, contract or in any other way and whether or not caused by negligence or

misrepresentation) for:

11.7.1 consequential, indirect or special losses; or

11.7.2 any of the following (whether direct or indirect):

11.7.3 loss of profit;

11.7.4 loss or corruption of data;

11.7.5 loss or corruption of software or systems;

11.7.6 loss or damage to equipment;

11.7.7 loss of use;

11.7.8 loss of opportunity;

11.7.9 loss of savings, discount or rebate (whether actual or anticipated); or

11.7.10 harm to reputation or loss of goodwill.

11.8 Where we have failed to provide you with the Goods or some or all of the materials described on

your order, we shall only be liable up to the limit of the price paid by you for the Goods.

12 OUR INTELLECTUAL PROPERTY RIGHTS

12.1 You agree that we and our licensors own all intellectual property rights in the Goods. These

Terms do not grant you any rights to any intellectual property rights in the Goods.

12.2 You must not use our trade marks or our tradenames on your website or in any marketing

materials without our express written consent.

13 GENERAL

13.1 You are not allowed to transfer your rights or obligations under these Terms to anyone without

our prior written consent. We may transfer our rights and obligations under these Terms to another

business without your consent, but we will notify you of the transfer and make sure that your rights

are not adversely affected as a result.

13.2 If any provision of these Terms (or part of any provision) is or becomes illegal, invalid or

unenforceable, the legality, validity and enforceability of any other provision of these Terms will not

be affected.

13.3 If you breach these Terms and we take no action, we will still be entitled to use our rights and

remedies in any other situation where you breach these Terms.

13.4 Under this contract, notices must be in writing and sent to the other party's address or email

address, as set out in the order confirmation. Letters sent in the United Kingdom will be deemed

delivered 3 business days (excluding English Bank Holidays), after sending. Emails (to be sent and received by customers outside of the U.K. )will be deemed

delivered the same day (or the next business day, if sent on a non-business day or after 5pm on any

business day at the recipient's location).

13.5 Our contract with you and these Terms represent the entire agreement between us and replace

any terms and conditions of purchase or supply that you have been provided with previously.

13.6 Our contract with you and these Terms and any dispute or claim arising out of them will be

governed by, and interpreted in accordance with, the laws of England and Wales and the parties agree

that the courts of England and Wales will have exclusive jurisdiction to settle such disputes or claims.