Terms & Conditions
Please read all these terms and conditions.
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As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, just email us at support@jakro.co.uk
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Application
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1. These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We are Roy Gullan trading as Jakro Home & Garden of 4, Cove Walk , Aberdeen , AB12 3DY with email address support@jakro.co.uk ; (the Supplier or us or we).
2. These are the terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions. Before placing an order on the Website, you will be asked to agree to these Terms and Conditions by clicking on the button marked 'I Accept'. If you do not click on the button, you will not be able to complete your order. You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.
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Interpretation
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3. Consumer means an individual acting for purposes which are wholly or mainly outside their trade, business, craft or profession;
4. Contract means the legally-binding agreement between you and us for the supply of the Goods;
5. Delivery Location means the Supplier's premises or other location where the Goods are to be supplied, as set out in the Order;
6. Durable Medium means paper or email or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
7. Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order,
8. Order means the Customer's order for the Goods from the Supplier as submitted following the step by step process set out on the Website;
9. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;
10. Website means our website jakro.co.uk on which the Goods are advertised.
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Goods
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11. The description of the Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.
12. In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
13. All Goods which appear on the Website are subject to availability.
14. We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
Personal information and Registration
15. When registering to use the Website you must set up a username and password. You remain responsible for all actions taken under the chosen username and password and undertake not to disclose your username and password to anyone else and keep them secret.
16. We retain and use all information strictly under the Privacy Policy.
17. We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.
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Basis of Sale
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18. The description of the Goods in our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
19. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
20. A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.
21. Any quotation is valid for a maximum period of 7 days from its date, unless we expressly withdraw it at an earlier time.
22. No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
23. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg by giving you rights as a business.
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Price and Payment
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24. The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing.
25. Prices and charges include VAT at the rate applicable at the time of the Order.
26. You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Goods.
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Delivery
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27. We will deliver the Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.
28. In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
a. we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
b. after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
29. If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
30. If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us or allow us to collect them from you and we will pay the costs of this.
31. If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.
32. We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands. If however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.
33. You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
34. If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
35. The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
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Risk and Title
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36. Risk of damage to or loss of any goods will pass to you upon delivery.
37. Ownership of goods transfers to you only after full payment has been received. If payment is overdue or bankruptcy proceedings begin, we may cancel delivery and request the return of goods still owned by us.
Withdrawal, Returns, and Cancellation
38. You may withdraw your order before the contract is formed, without liability.
39. These cancellation rights do not apply to:
- Goods made to your specifications or clearly personalised.
- Goods liable to deteriorate or expire rapidly.
40. Cancellation rights are void if goods become inseparably mixed with other items after delivery.
41. Order cancellations must be requested within 2 hours of payment—cancellation is not guaranteed if the order has already been processed.
42. If cancellation is not possible, the order will be treated as a return, and customers may refuse delivery.
Right to Cancel
43. Subject to these terms, cancellations must be requested within 2 hours of payment. Once processed, orders cannot be cancelled and must follow the return policy.
44. Cancellation requests must be submitted via email or the contact form.
45. Electronic cancellation requests will receive written confirmation promptly.
Effects of Cancellation
46. Approved cancellations will be reimbursed, including delivery costs (except for extra charges from non-standard delivery choices).
47. If goods have already been dispatched, the customer must follow the return process, bearing return costs unless the item is faulty.
Returning Goods
48. Goods received from a cancelled order must be returned promptly—the return address will be provided upon request.
49. Goods must be returned within 28 days for change-of-mind returns, in their original packaging, with the customer covering shipping costs.
50. Faulty goods may be returned within 60 days. If the supplier is liable, return labels will be provided; if the customer is liable, they must return the item at their own cost.
51. Definitions for Cancellation Rights:
- Distance contract – A contract formed remotely via an organised sales scheme.
- Sales contract – A contract transferring ownership of goods in exchange for payment.
Conformity and Guarantee
52. We have a legal duty to supply goods that conform to the contract.
53. Upon delivery, goods will:
a. Be of satisfactory quality.
b. Fit the intended purpose, provided we were informed before purchase.
c. Match their description.
54. Any failure to conform caused by customer-provided materials is not our responsibility.
55. Manufacturer guarantees will apply, and details will be provided with the goods.
Successors and Subcontractors
56. Either party may transfer contract benefits while remaining liable for obligations. The supplier is responsible for subcontractor actions.
Circumstances Beyond Control
57. If an unforeseen event prevents a party from fulfilling obligations:
a. They must notify the other party promptly.
b. Obligations will be suspended, but rights related to delivery and cancellation remain unaffected.
Privacy
58. We comply with the UK GDPR regarding your personal data.
59. These terms complement our Privacy Policy (https://www.jakro.co.uk/english-privacy-policy).
60. For data privacy inquiries, contact us via the contact form.
Excluding Liability
61. We do not exclude liability for:
- Fraudulent acts or omissions.
- Death or personal injury caused by negligence.
62. We are not liable for unforeseen losses (e.g., profit loss) affecting business activities.
Governing Law, Jurisdiction, and Complaints
63. The contract is governed by Scottish law.
64. Disputes may be submitted to Scottish courts or, if the customer resides elsewhere, their local jurisdiction.
65. Complaint resolution – We aim to respond within 5 days with an appropriate solution.
Attribution
66. These terms were created using Rocket Lawyer (https://www.rocketlawyer.com/gb/en).​​​​​
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