Terms and Conditions
The terms and conditions listed below apply to this website (
www.jizaro.com) and to all Orders received by Jizaro Ltd online or by email, telephone or post. By placing an Order (by whichever method), you agree to be bound by these terms and conditions.
Application of Conditions
1.1 These Conditions shall apply to the exclusion of any other terms and conditions.
1.2 Each Order that you place shall be deemed to be an offer by you to purchase the Goods from Jizaro Ltd subject to these Conditions.
1.3 Each Order that you place shall be deemed to be accepted by Jizaro Ltd and there will be no binding contract between Jizaro Ltd and you until we deliver the Goods to you, in accordance with the clause on Delivery.
1.4 If, for any reason, we do not accept your Order, we will advise you as soon as is practicable and there will be no binding contract between us.
1.5 You must ensure that the details you provide us with are complete and accurate and that you provide us with all the necessary information relating to the supply of the Goods within a sufficient time to allow us to perform the Contract in accordance with these Conditions.
New Customers
2.1 Jizaro is a trade-only supplier and evidence of business trading is required before any goods can be supplied. Documentary proof, including a VAT certificate, shall be required in addition to a fully completed application form. We reserve the right to reject any application we feel is not legitimate.
Prices and Payment
3.1 All our prices are in pounds sterling and exclude VAT, taxes, delivery and credit-card charges.
3.2 All customers are dealt with on a pro forma basis. We do not operate a credit facility. All goods must therefore be paid for in full before delivery.
3.3 Jizaro Ltd reserves the right to review prices, terms, product ranges and finishes at any time, and these are therefore subject to alteration without notice.
3.4 All payments must be by cash, credit/debit cards, or bank transfer. Cheques are not accepted.
3.5 Payment shall only be deemed to have been received when Jizaro Ltd has received cleared funds. Banker’s details and Swift transfer details are available on request. If you intend to pay for the Goods using credit or debit card, then we shall clear your transaction at the time of you placing your Order, before we despatch the Goods to you.
3.6 All goods shall remain the property of Jizaro Ltd until paid for in full. Time for payment shall be of the essence.
3.7 Delivery charges will be quoted and confirmed before the despatch of the Order. You should confirm acceptance of the delivery charge in writing.
3.8 The Contract Price for the supply of the Goods shall be as set out in the Confirmation.
3.9 If we make an error in the confirmation or on any invoice or receipt, we shall correct that error within 60 days of being notified of any error.
3.10 You shall pay the Contract Price without any deduction, whether by way of set-off, counterclaim, discount, abatement or otherwise unless you have a valid court order requiring an amount equal to such deduction to be paid to us by you.
3.11 Unless otherwise specified in the Confirmation of Order, the following terms of payment shall apply:
3.11.1 Unless otherwise agreed in writing between you and Jizaro Ltd, a deposit of 50% of the price specified in the Confirmation of Order shall be payable immediately or on receipt of the Confirmation of Order and before production and/or delivery shall begin. The balance of the price and the additional items shall be paid for by you fourteen days before delivery.
3.11.2 In the case of Special Orders, the total balance shall be payable immediately on receipt of the Confirmation of Order and before production and/or delivery shall begin.
3.12 Jizaro Ltd shall be entitled to charge you interest at the rate of 2% per month on any amount due and unpaid under the Contract for each calendar month or lesser period that the amount remains unpaid whether before judgement or afterwards.
4. Ordering goods from us
4.1 An Order is considered to have been placed once you have gone through our online checkout process, or we have taken your card details over the phone. You must ensure that you check your Order carefully for any errors or changes that you may wish to make to it. We will have accepted your Order once we have despatched the Goods to you.
4.2 We may refuse to accept an Order:
4.2.1 if we cannot obtain authorisation for your payment;
4.2.2 if an error has been made with regards to the price or description for a product;
4.2.3 if you do not meet any of the Conditions set out here.
4.3 It is vital that you provide all the correct details when paying by credit or debit card, particularly the billing address and your telephone number. Any incorrect information could lead to delays in the processing of an Order and, in such a case, we will contact you to authorise the payment you have made.
4.4 If an item is not in stock and could take more than 28 days to obtain, we will contact you and notify you of this. You may choose to wait for your Goods to arrive or you may wish to cancel your Order (provided the Goods are not bespoke or commissioned or amended in any way). If you cancel your Order, we will give you a full refund. Bespoke, commissioned or amended Goods cannot be cancelled and we will not be in a position to offer you a full or partial refund.
4.5 These goods are supplied on the condition that they will not be used as articles for use at work or substances for use at work as defined by Section 53(1) Health and Safety at Work, etc., Act 1974 unless the Company is notified in writing prior to the making of this contract and the Customer shall, if called upon to do so, enter into a written undertaking as to their use in the form prescribed by the Company.
4.6 All statements and terms relating to delivery and rates of delivery are estimates only and shall not impose any contractual obligation on Jizaro. While we aim to deliver goods by a specific date, we cannot accept any liabilities if we, or our carriers, fail to do so. Orders are accepted only on this basis.
5. Deliveries
5.1 All delivery charges quoted are guidelines. Final delivery charges will be confirmed before despatch of the Order.
5.2 Unless otherwise specified in the Confirmation of Order, the Seller shall, by such transport and in such instalments as the Seller shall determine, deliver the Goods to the location mentioned in the Seller’s Confirmaiton of Order.
5.2 Orders are scheduled for despatch up to 30 days from receipt when the Goods are in stock.
5.3 If a delivery fails, resulting in the return of the Goods to Jizaro Ltd by the delivery team, an additional delivery charge at the same rate as the original will be levied on re-delivery.
5.4 If Goods arrive in a damaged condition, you must make a note of this on the delivery sheet. It is your responsibility to notify Jizaro Ltd within 3 days of receipt by e-mail.
5.5 Unless otherwise agreed in writing by you and Jizaro Ltd, the delivery of the Goods will take place:
5.5.1 at the address you have specified in the Order (if the Goods are to be delivered to another address other than
the registered cardholder’s address, proof of address will be required);
5.5.2 within 30 days after the day on which Jizaro Ltd receive the Goods from our suppliers.
5.6 Provided that we deliver the Goods at the address you have specified in the Order (or any other address agreed by us in writing), then the Goods will be deemed to have been delivered and Jizaro Ltd will not be liable to you for non-delivery of the Goods. We do not have to satisfy ourselves that the person who accepts delivery at the given address is you (or authorised by you to accept delivery of the Goods).
If you fail to take delivery of the Goods or fail to give Jizaro Ltd adequate delivery instructions at the time stated for delivery (otherwise than by reason of Jizaro Ltd's fault) then, without prejudice to any other right or remedy available to us, we may:
- store the Goods until actual deliver and charge you for the reasonable costs (including insurance) of storage; or
- serve written Notice on you requiring you to accept delivery of the Goods within twenty-one days form the date of Notice (without prejudice to any other right or remedy we may have). In the event that you fail to comply with the Notice we may sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to you for the excess over the price under the Contract or charge you for any shortfall below the price under the Contract: or
-the exercise by Jizaro Ltd of its right of termination under this clause shall be without prejudice to any rights or damages or other remedy which we may have. The Seller’s foregoing right of termination shall not be affected by any previous waiver of its rights.
Where the Goods are despatched and packaged for delivery at your request, the cost shall be charged as an Additional item. The carrier shall be deemed to be your Agent.
5.7 If the Goods you have ordered are not available or are discontinued and we are unable to deliver them to you within the 60 days (or any other time limit agreed by the parties), we shall:
5.7.1 inform you of this;
5.7.2 cancel the Contract
5.7.3 reimburse any sum you have paid (or which has been paid on your behalf) under the Contract to the person by
whom payment was made no later than 60 days after the due date for delivery of the Goods under the Contract.
5.8 Jizaro Ltd will not be liable to you for any direct, indirect or consequential loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods (even if caused by our negligence).
5.9 Any liability of Jizaro Ltd for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or issuing a credit note at the pro rata Contract rate against any invoice raised for such Goods.
5.10 The quantity or content of any consignment of Goods as recorded by Jizaro Ltd upon despatch from the Address shall be conclusive evidence of the quantity or content received by you on delivery, unless you can provide conclusive evidence proving the contrary.
5.11 We reserve the right to suspend future deliveries of Goods and cancel any Contracts with you and your right to possession of the Goods shall terminate immediately if you:
5.11.1 have a bankruptcy order made against you or make an arrangement or composition with your creditors;
5.11.2 convene a meeting of creditors or enter into liquidation (whether voluntary or compulsory), except a solvent voluntary liquidation for the purposes only of reconstruction or amalgamation;
5.11.3 have a receiver and/or administrator or administrative receiver appointed of its undertaking or any part thereof;
5.11.4 pass a resolution or you are served with a petition for the winding up of for the granting of an administration order in respect of you;
5.11.5 have proceedings issued against you in relation to your insolvency or potential insolvency; 5.11.6 suffer or allow any execution to be levied on your property or obtained against you;
5.11.7 fail to observe/perform any of your obligations under the Contract or any other contract between Jizaro Ltd and you;
5.11.8 are unable to pay any debts within the meaning of section 123 of the Insolvency Act 1986;
5.11.9 cease to trade; or
5.11.10 encumber or in any way charge any of the Goods.
5.12 Goods delivered by Jizaro Ltd or by a third party contracted to undertake delivery on our behalf to you are delivered only to inside the client’s doorstep. Please ensure that there is enough access for our delivery vehicle and delivery team to do this. If the client requests that the item is taken upstairs and any damage to fixtures, fittings (such as lampshades, tables etc.) or the structure of the building i.e. plasterwork or brickwork occurs, the client undertakes not to hold Jizaro Ltd, its employees or subcontractors responsible for any such damage if it occurs. Such an action is undertaken solely on the individual client’s own responsibility.
5.13 The Goods shall be at your risk from the time of delivery at the Delivery Place. If you wrongfully fail to take delivery of the Goods, then risk of the Goods shall pass to you at the time when we tendered delivery of the Goods.
Exports
In these Conditions ‘Incoterms’ means the international rules for the interpretation of trade terms of the International Chamber of Commerce as in force at the date when the Contract is made. Unless the context otherwise requires, any term or expressing which is defined in or given a particular meaning by the provision of Incoterms shall have the same meaning in these Conditions, but if there is any conflict between the provisions of Incoterms and these Conditions, the latter shall prevail.
Where the Goods are supplied for export from the United Kingdom, the provisions of this Clause 6 shall (subject to any special terms agreed in writing between you and us) apply notwithstanding any other provisions of these Conditions.
Ypu shall be responsible for complying with any legislation or regulations governing the importation of the Goods into the country or destination and for the payment of any Additional Items. The Customer should specify in writing any specific design modifications required by safety, consumer or product law and/or regulations applicable to the Goods.
Unless otherwise agreed in writing between you and Jizaro Ltd, the Goods shall be delivered ex works.
You shall be responsible for arranging the testing and inspection of the Goods at our premises before shipment. Jizaro Ltd shall have no liability for any claim in respect of any defect in the Goods which would be apparent on inspection and which is made after shipment, or in respect of any damage during transit.
Unless otherwise agreed between Jizaro Ltd and the Customer and confirmed in the Confirmation of Order, payment of all amounts due to us shall be made in pounds sterling and shall be made (at the option of Jizaro Ltd) by means of a bank transfer. You shall be responsible for all Banking charges incurred.
At the option of the Seller payment of all amounts due to us shall be made by irrevocable letter of credit opened by you in favour of Jizaro Ltd and confirmed by a Clearing House Bank in England acceptable to us. The Customer shall be responsible for all Banking charges incurred.
Risk
Risk in respect of any item of the Goods shall pass to you on delivery of such item to the exterior of the premises at the delivery location. You are responsible for arrangement of insurance.
6. Warranties
6.1 Subject to the Conditions set out below, we warrant that the Goods will correspond with their specification at the time of delivery and will be free from defects in quality, material workmanship and condition for a period of 12 months from delivery (or longer if specified by us).
6.2 We shall not be liable for a breach of any of the warranty in clause 7.1 unless:
6.2.1 you give us written notice of the defect within 3 days of the time you discover or ought to have discovered the defect; and
6.2.2 we are given reasonable opportunity after receiving your notice of defect to examine the Goods in question and you (if asked by us to do so) shall return the Goods to the Address at our Cost for the examination to take place there.
6.3 We shall not be liable for a breach of the warranty in clause 7.1 if:
6.3.1 you make any further use of such Goods after giving notice of the defect to us
6.3.2 the defect arises as a result of fair wear and tear, wilful damage, negligence, misuse, abnormal working conditions or your failure to follow our oral or written instructions as to the storage or use of the Goods;
6.3.3 you alter or repair such Goods without our prior written consent.
6.4 Subject to clause 7.2, if any of the Goods do not conform with any of the warranty in clause 7.1, then within 30 days of us examining the defective Goods, we shall (at our option):
6.4.1 repair or replace such Goods (or the defective part) free of charge; or
6.4.2 refund the price of such Goods (or a proportionate part of the price) provided that you deliver up the Goods for collection (or, if we so request and at our expense you return the Goods of the part of such Goods which is defective to us at the Address).
6.5 If we comply with clause 7.4, we shall have no further liability for a breach of any of the warranty in condition 7.1 in respect of such Goods.
7. Our cancellation and returns policy
7.1 We do not refund cancellations of bespoke, commissioned or amended Goods or goods that do not fit into the room for which they have been bought. You must check before you buy any Goods that they will fit into the room for which they are intended.
7.2 All goods supplied by the Company are handmade. All published dimensions are approximate. The Company cannot therefore accept any responsibility for slight variations in colour, size or shape.
7.3 For other Goods, you may cancel your contract on the following bases only:
7.3.1 if you notify us in writing before the Goods have been despatched to you;
7.3.2 if the Goods you have ordered are not in stock and it will take us more than 30 days to despatch the Goods to you. You must notify us in writing that you wish to cancel your contract;
7.3.3 within 3 days of the Goods having been received by you, subject to the next clause. You must notify us in writing that you wish to cancel your contract within 3 days.
7.4 If you want to cancel your contract after your Goods have been delivered to you:
7.4.1 you must notify us in writing within 3 days that you wish to return your Goods; the Company shall not accept any goods for return unless consent has been expressly given;
7.4.2 you must retain possession of the Goods and take good care of them until such time as you return them to us. The Goods cannot be used in the meantime;
7.4.3 you must return the Goods in the original packaging and in the original, unassembled condition in which you received them;
7.4.4 you must bear the costs of returning the Goods to us. The Client should ensure that any transport company returning goods on their behalf has the necessary insurance in place.
7.5 You should note the following.
7.5.1 Jizaro Ltd will not refund, exchange or repair free of charge any Goods damaged by you, or that are marked or no longer of merchantable quality as a result of your actions, including damage caused by the return of the Goods by you.
7.5.2 Goods that are defective may be returned to us only if you notify us in writing within 3 days of receiving the damaged Goods, subject to our clause on Warranties.
7.5.3 Once the Goods have been returned to us in a merchantable state, we shall reimburse you any money that you have paid (by cash, cheque, or credit card) under the contract to the person by whom payment was made as soon as practicable.
7.5.4 You cannot return bespoke or commissioned Goods or Goods that have been used. Your statutory rights are unaffected.
8. Intellectual Property and Copyright
8.1 The copyright and intellectual property rights in all material on this website (including all pictures, designs, photographs, logo, text and other material) are owned by Jizaro Ltd or our licensors. All rights reserved. No part of this website may be copied, modified, reproduced, distributed, incorporated or stored into any other work in any form or included in any public or private electronic retrieval system or service without our prior written consent. Infringement of any copyright or trademarks on this website may lead to legal action against the infringer.
9. Liability
9.1 Subject as expressly provided in these Conditions, all warranties, conditions and other terms implied by statute or common law are excluded to the fullest extent permitted by law.
9.2 Nothing in these Conditions excludes or limits our liability for death or personal injury caused by our negligence or for fraudulent misrepresentation.
9.3 Subject to clauses 9.1 and 9.2:
9.3.1 Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this Contract shall be limited to Contract Price; and
9.3.2 We shall not be liable to you for any indirect or consequential loss or damage (whatever the loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) that arise out of or in connection with the Contract.
10. Force Majeure
10.1 Jizaro Ltd shall not be liable to you or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform any of Jizaro Ltd's obligations relating to the Contract if the delay or failure was due to any cause beyond Jizaro Ltd's reasonable control including, without limitation:
10.1.1 Acts of God, fire, explosion, epidemic or flood;
10.1.2 War or national emergency;
10.1.3 Riot, civil commotion, lock-outs, strikes or other labour disputes (whether or not relating to either party's workforce);
10.1.4 Restraint or delays affecting carriers or inability or delay in obtaining supplies of adequate suitable materials;
10.1.5 import or export regulations or embargoes (including the failure of the Company's suppliers to obtain any necessary export permits, licences or other authorisations);
10.1.6 Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority.
10.2 Provided that, if any event referred to in clause 11.1 continues for a period in excess of 30 days, you shall be entitled to give us notice in writing to terminate the Contract.
11. Assignment of Contract
11.1 You shall not be entitled to assign the Contract or any part of it without our prior written consent.
11.2 We may assign the Contract or any part of it to any person, firm or company.
12. General
12.1 Each right or remedy of Jizaro Ltd under the Contract is without prejudice to any other right or remedy of Jizaro Ltd whether under the Contract or not.
12.2 If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partially illegal, invalid, void, voidable, unenforceable, or unreasonable, it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability, or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect, provided the overall effect of the Contract is more or less the same.
12.3 Failure or delay by Jizaro Ltd in enforcing or partially enforcing any provision of the Contract will not be construed as a waiver of any of its rights under the Contract.
12.4 Any waiver by Jizaro Ltd of any breach of, or any default under, any provision of the Contract by the Buyer will not be deemed a waiver of any subsequent breech or default and will in no way affect the other terms of the Contract.
12.5 The parties to this Contract do not intend that any term of this Contract will be enforceable by virtue of the Contract (Rights of Third Parties) Act 1999 by any person that is not a party to it.
13. Governing law and jurisdiction
13.1 These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts.
Glossary of Terms Used on the Site
"Seller", "Jizaro Ltd", "we", "us", “the Company”: Jizaro Ltd
"Buyer", "you": the person(s), firm or company that purchases the Goods from Jizaro Ltd
"Conditions": written acceptance of your Order (by electronic mail or otherwise) that we will issue to you as soon as practicable after receiving your Order
"Contract": any contract between yourself and Jizaro Ltd for the sale and purchase of the Goods incorporating these Conditions, whether effected by electronic mail through this website, or otherwise
"Contract Price": the price for the sale and delivery of the Goods as specified in the Confirmation and which is the sum of:
a. the price of the Goods;
b. the Delivery Costs (if any);
c. any value added tax payable on the above .
"Delivery Costs": all Goods. If Goods are to be delivered outside the United Kingdom, then the Delivery Costs will be all costs or charges in relation to the delivery of the Goods (including loading, unloading, insurance and carriage).
"Delivery Place": address for delivery as specified by you in the Order
"Goods": any item(s) including any part(s) or accessories supplied to you by Jizaro Ltd
"Order": your offer to purchase Goods that you place with us (by electronic mail or by post).
