In the unlikely event that the goods delivered do not meet your expectations, please let me know as soon as possible after receipt. Should you wish to cancel an order, please contact me via email or telephone within seven (7) days of receiving the goods. For the avoidance of any doubt, I must be notified of the return of any unwanted goods within fourteen (14) days of delivery, unless otherwise agreed with me. Goods must be returned in the same condition they were sent out and arrangements for delivery of returns must be clearly relayed to me. Please note that generally any refund will only be made on the purchase price, not on any additional shipping costs (unless the item is inherently faulty). The buyer will be responsible for all costs in returning the item. Any refund will only be made once the item has been returned and in the same condition under which it was sold and dispatched. (For more detail on the above please refer to the Returns section below).
TERMS & CONDITIONS
Your use of this website and any order you place through this website are subject to the following terms of business.
A. SALE OF GOODS
These terms and the order constitute the whole agreement between you and Morgan Jackson for the sale of the goods. Any amendments thereto must be confirmed in writing. Please ensure that you are happy with these terms before you submit the order, because you will be bound by the terms once a contract comes into existence between us.
Any photographs, samples, drawings, descriptions or advertising depicted or that I issue, and any colours, images or illustrations, are offered solely to provide you with an approximate idea of the goods they describe. They do not form part of the contract between you and me for the sale of the goods.
If any of these terms are inconsistent with any term of or instruction in the order, the terms in the order shall prevail.
- The order is an offer by you to enter into a binding contract which I may accept or decline at my absolute discretion.
- These terms shall become binding on you and me when I issue you with an order confirmation, at which point a contract shall come into existence between us.
- If you are a consumer (acting outside your business), you may cancel your order in accordance with your rights under the Distance Selling Regulations.
- I have the right to revise and amend these terms from time to time. You will be subject to the terms in force at the time that you order the goods from us, unless any change to these terms is required by law or government or regulatory authority (in which case, it will apply to orders you have previously placed that I have not yet fulfilled
B. THE GOODS
- These terms do not affect your legal rights. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards Office.2
- I endeavour to describe all items as fully as possible, to the best of my knowledge, providing as much history, age and detail as is known to me together with a full description of any discernible defects or faults. However, it should be noted that the items that I sell are antique or vintage items and, as such, will in most cases have some age-related wear. Items that are manufactured some time ago often have marks, dents, variations of surface texture, re-polished surfaces, minor scratches or losses, sympathetic replacements, retouching, relining, and other issues naturally associated with use and age which form a part of the appearance and nature of a vintage item. I aim to ensure that the condition of any item is as reasonable as possible given its age and nature, and would not offer for sale any item that is not substantially complete or in a minimum acceptable condition for display or use. Substantial damage or extensive restoration or changes or losses to the item beyond this will be stated in my item descriptions. However, small signs of wear are normal and appropriate to the authenticity of vintage goods. By placing an order, you are deemed to acknowledge the vintage nature of the goods I am selling.
- I will take all reasonable steps to pack the goods properly and to ensure that you receive your order in good condition.
- I shall not be liable for any defect in the goods arising from wear and tear, wilful damage, accident and/or negligence by you or any third party, if you use the goods in a way that I or the manufacturers do not recommend, you fail to follow the manufacturer’s and/or my instructions, or due to any alteration or repair you carry out without my prior written approval.
C. HEALTH & SAFETY
- The goods I sell are authentic, original products which were manufactured before today’s stringent health and safety standards. All sales of such goods are for collection purposes only. I do not guarantee or imply any guarantee of compliance with health and safety standards or fitness for any purpose. All original vintage products are clearly marked as such in the product description with a date or approximate date of manufacture.
- However, I make sure that all electrical goods are inspected, tested, certified and installed by a qualified electrician. They are then given a PAT test and are labelled as having received this. In many cases this will mean that the item has been fully re-wired and had new fittings installed.
D. SHIPPING & DELIVERY
- For small items capable of being shipped by courier, unless otherwise stated, I aim to ship your order within four (4) to six (6) working days of it being placed.
- If you have not taken delivery of the goods within four (4) weeks of me notifying you that they are ready, I may, after giving you reasonable prior notice in writing, resell or otherwise dispose of part or all of the goods and, after deducting reasonable storage and selling costs, pay you for any excess over the price of the goods or charge you for any shortfall below their price.
- If I am not able to deliver the whole of the order at one time due to operational reasons or shortage of stock, I will deliver the order in instalments. I will not charge you extra delivery costs for this. If you ask us to deliver the order in instalments, I may charge you extra delivery costs. Each instalment shall constitute a separate contract. If I am late in delivering an instalment or one instalment is faulty, that will not entitle you to cancel any other instalment.
- On large items, I am happy to recommend a delivery service for the goods. I will always do my best to get a good deal for my customers and can provide you with a delivery quote upon request. On most deliveries for larger items, I ask that you pay the courier or shippers directly and that you communicate directly with them once the goods have left my premises. I will help with this process in any way I can. You are also more than welcome to arrange a courier yourself or to collect the item from me in person.
- All smaller items sent by via courier companies or Royal Mail will be fully insured against loss or damage. Items picked up by your own delivery companies or sent by third party delivery services recommended by me are not covered by me. They should all have their own insurance but for the avoidance of doubt please confirm this with them. In the unlikely event that your goods arrive damaged, all packaging must be kept in order for me to make a claim for the damage. Also any damage must be notified within 24 hours of receiving delivery so please always unwrap and check your goods as soon as they arrive.
- I am happy for you to arrange collection of items personally. Unless agreed otherwise, orders not collected within two (2) weeks will incur storage fees at a rate of five pounds (£5) per week for small items and ten pounds (£10) a week for large items. The same fees will be applied where third party delivery is delayed, unless there has been prior agreement to the contrary.
- In the unlikely event that the goods delivered do not conform to the terms of the order, please let me know as soon as possible after receipt.
- Freight items delivered via third party delivery services must be checked thoroughly and approved by you when you take receipt of them and any problems notified to to the driver at the time of delivery.
- Subject as set out herein, I may ask you to return the goods to us and once I have verified that the goods are indeed faulty, I may:
- Provide you with a full or partial refund; or
- Replace the goods; or
- Repair the goods.
- Offer you credit against a future purchase
- These terms will apply to any repaired or replacement goods I supply to you.
- I sincerely hope that you will be pleased with your purchase, however you may notify me that you wish to cancel your order any time from placing the order until seven (7) working days from the day after delivery in accordance with your cancellation rights under the Distance Selling Regulations.
- For the avoidance of doubt, I will not be responsible for your costs in returning unwanted goods.
- For the further avoidance of any doubt, all returns should be notified to me before sending and unwanted goods must be returned within fourteen (14) days of delivery, unless otherwise agreed with me. Goods must be returned in the same condition they were sent out and arrangements for delivery of returns must be notified to me. I may store items and hold off delivery on a discretionary basis but where I do so, returns will not be accepted after this time. Returns will also not be accepted on items specifically ordered for customers or customised items.
F. TITLE AND RISK
- For small items capable of being shipped by courier, the goods will be your responsibility from the time you take delivery of them.
- Ownership of the goods will only pass to you when I receive payment in full of all sums due for the goods, including delivery charges.
G. AVAILABILITY AND PRICE
- The price of the goods will be as set out on my website at the time I confirm your order. Prices are liable to change at any time, but price changes will not affect orders that I have confirmed in writing.
- I reserve the right to withdraw any products from this website at any time and/or remove or edit any materials or content on this website. I may refuse to process a transaction for any reason or refuse service to anyone at any time at my sole discretion. I will not be liable to you or any third party by reason of my withdrawing any product from this website whether or not that product has been sold, removing or editing any materials or content on the website, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
- For the avoidance of doubt, in the event of a pricing error, I am not obliged to provide the goods to you at any incorrect (lower) price.
- These prices exclude delivery costs, which will be added to the total amount due. For the avoidance of doubt, I will not be liable for any export or import duties, taxes etc. arising as a result of the goods being sent to a destination outside the United Kingdom.
Payment for all goods must be made in advance by credit or debit card at the time of ordering. I accept payment by Visa, Visa Debit, MasterCard, Solo, Maestro, Visa Electron, American Express, bank transfer and PayPal.
I. LIMITATION OF LIABILITY
- Subject to clause (b) below, if either of us fails to comply with these terms, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these terms.
- Neither of us shall be responsible for losses that result from my failure to comply with these terms including, but not limited to, loss of income or revenue, loss of business, loss of anticipated savings, loss of data and/or any waste of time. However, this shall not prevent claims for foreseeable loss of, or damage to, your physical property.
- This clause does not include or limit in any way my liability for death or personal injury caused by my negligence, fraud or fraudulent misrepresentation, any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982, losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability or any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude my liability.
- Save as provided in clause (c) above, my liability to you under these terms will not exceed the total value of the order.
J. EVENTS OUTSIDE MY CONTROL
- I will not be liable or responsible for any failure to perform, or delay in performance of any of my obligations under these terms that is caused by events outside my reasonable control. This shall include (without limitation) any act, event, non-occurrence, omission or accident beyond my reasonable control such as strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, impossibility of the use of public or private telecommunications networks or failure by my suppliers to supply the goods to us which are required to fulfil your order.
- My obligations under these terms are suspended for the period that any such event continues, and I will have an extension of time to perform these obligations for the duration of that period. I will take reasonable steps to find a solution by which my obligations under these terms can be performed despite the event outside my control. If I have been unable to resolve any such event within three (3) months I shall be entitled to cancel your order without penalty save for refunding to you the purchase price you have paid.
You may not transfer any of your rights or obligations under these terms to another person without my prior written consent, which I will not withhold unreasonably. I can transfer all or any of my rights and obligations under these terms to another organisation, but this will not affect your rights under these terms.
All notices sent by you to me must be sent to the email addresses as set out on this website. I may give notice to you at either the e-mail or postal address you provide to me in the order. Notice will be deemed received and properly served on you 24 hours after an e-mail is sent or three (3) days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that the e-mail was sent to the specified e-mail address of the addressee.
- If any court or competent authority decides that any of the provisions of these terms and/or the order are invalid, unlawful or unenforceable to any extent, that term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
- If I fail, at any time while these terms are in force, to insist that you perform any of your obligations under these terms, or if I do not exercise any of my rights or remedies under these terms, that will not mean that I have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If I do waive a default by you, that will not mean that I will automatically waive any subsequent default by you. No waiver by me of any of these terms shall be effective unless I expressly say that it is a waiver and I tell you so in writing.
- If you are under 18, you may only use my website and submit an order under the supervision of a parent or guardian.
- These terms shall be governed by English law and we both agree to the non-exclusive jurisdiction of the courts of England and Wales.
N. DATA PROTECTION
- If you decide to buy from me, you will be required to register with my company at the checkout area of my site. At this point I do collect personal information about you. This information can identify you and includes details such as your name, mail address and email address. It is used to fulfil orders or to respond to enquiries. This information is passed from your browser to my secure server using 128-bit encryption technology which is the highest level possible. The information is held in our secure database.
- I may contact you either by post, email or telephone following up on any issues with an order or to answer any questions you may have. I will not send you any marketing or promotional emails unless you agree to it, when registering with the site. I will not pass on your e-mail address to any other company.
DATA PROTECTION ACT
3. My data collection and storage is governed by the rules of the UK Data Protection Act 1998 and associated legislation and by European Union (EU) data protection law, the General Data Protection Regulation (GDPR).
4. I may disclose your personal information to third parties who perform functions on my behalf such as shipping, fulfilling orders, processing payments, carrying out promotional services or data management. I will only provide these companies with the information which they need to carry out their services and they will not be permitted to use the information for other purposes.
5. You also acknowledge and agree that in certain circumstances I may be obliged to disclose personal information relating to you to third parties, for example, in order to conform to any requirements of law or to comply with any legal process, to prevent and detect fraud and to protect and defend my rights and property.
6. Many websites store information in a small text file, called a cookie, which is kept on your computer’s hard drive. On my web site I will use this facility only to store information about the products you are interested in, so when you add a product to your basket I remember this information with a cookie.
7. I do not store your personal information through cookies or any of your payment information so if you come back to the site at another time, the site will still have your basket information but not any of your personal information.
8. You do have the facility to switch off your cookies, however this means that you will have problems adding products to your basket.
CHANGES TO DATA PROTECTION
10. If I change my terms governing data protection, I will post these changes to the website so users are aware of what information I collect. If you have any queries or concerns please do contact me.
I am committed to ensuring that your privacy is protected. Should I ask you to provide certain information by which you can be identified when using this website, you can be assured that it will only be used in accordance with this privacy statement.
I may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 2018.
What Morgan Jackson collects
I may collect the following information:
• Your name
• Your contact information including email address
• Demographic information such as postcode, preferences and interests
What I do with the information I gather
I require this information to occasionally send you information about my activities and offers if you request this service.
I am committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, I have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information I collect online.
Links to other websites
My website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that I do not have any control over that other website. Therefore, I cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
Where I store your personal data
The data that I collect from you is stored only on UK based servers. I do everything possible to keep all personal information as secure as possible
Controlling your personal information
I never use your information for direct marketing purposes.
I will never sell, distribute or lease your personal information to third parties unless I have your permission or are required by law to do so.
You may request details of personal information which I hold about you under the Data Protection Act 1998. If you would like a copy of the information held on you please contact me at firstname.lastname@example.org This service will be free of charge.
If you believe that any information I am holding on you is incorrect or incomplete, please write to or email me as soon as possible at the above address. I will promptly correct any information found to be incorrect.
In any message I send, you will be offered the chance to unsubscribe from future communications.
Morgan Jackson is a trading name of Morgan Jackson Antiques Limited, a company registered in England and Wales, Registration Number 7665848, whose registered office is:
1, Chetwynd House, Hampton Court Road, East Molesey KT8 9BS, United Kingdom.
Tel: +44 7725 419469 Email: email@example.com
Company Registration No: 10736146
VAT Reg No: 290 9812 73