TERMS OF USE
This page provides information about who we are and the legal terms and conditions that may apply to your use of the Jockey.co.uk website (the "Website") and any product or service you order from us. These Terms and Conditions do not apply to Jockey.com or to any other website owned, operated or authorized by Jockey International, Inc.
PART 1: INFORMATION ABOUT JOCKEY GmbH
PART 2: WEBSITE TERMS AND CONDITIONS
PART 3: GENERAL TERMS AND CONDITIONS OF SALE
PART 1: INFORMATION ABOUT JOCKEY GmbH
This Website is operated by Jockey GmbH. Jockey GmbH is
partnering with Shopify to provide you with e-commerce services through the
Jockey.co.uk website. .
Jockey GmbH is a company registered in
Germany (registration number HRB943) with registered offices at Neustraße 12
D-72379 Hechingen, Germany. Our registered VAT number is GB 117 2873 13.
Unless stated otherwise, the terms "Jockey GmbH," "Jockey," "Jockey UK" "we"
and "us" on this page to refer to Jockey GmbH (including throughout the
Website Terms and Conditions and the General Terms and Conditions of Sale.
If
you have a question about our products and services, this Website, these terms
and conditions or otherwise, please contact jockey@jockey.eu
PART 2: WEBSITE TERMS AND CONDITIONS
These website terms and
conditions ("Website Terms") apply to your use of the Website. You must read
these Website Terms carefully, and we recommend that you print and keep a copy
for your future reference. By accessing, browsing, using or registering with
the Website, you confirm that you have read, understood and agree to these
Website Terms in their entirety. If you do not agree to these Website Terms
in their entirety, you must not use this Website.
Jockey GmbH-branded third party microsites
Jockey GmbH has
partnered with certain trusted third parties to make available certain
additional third party products and services to you. Each third party
microsite has its own Terms & Conditions. For more information, see
Privacy Policy below.
Privacy Policy
These Website
Terms and Conditions supplement (and are in addition to) the terms of the
Website's Privacy Policy. The Privacy Policy explains what personal
information we collect about you when you use the Website and the rights you
have in regard to any personal information collected. To view the policy, click here.
Your use of this Website
The Website should only be used
for the lawful purposes intended. You must only use the Website for lawful
purposes. You must not use it in a way that infringes the rights of anyone
else or that restricts or inhibits anyone else's enjoyment of the Website.
You
may use, download and print content on the Website solely for your own
personal use or internal business purposes. Other than for your own personal
use or internal business purposes, you may not without prior written consent:
- copy, reproduce, use or otherwise deal with any Website content;
- modify, distribute or re-post any Website content for any purpose;
- reproduce, crawl, frame, link to or deep-link into this Website on or from any other website; or
- use the Website content for any commercial purposes.
Use of this Website from outside the UK
Except where otherwise
specified on this Website, the materials on this Website are displayed solely
for the purposes of promoting and selling Jockey GmbH products and services
available only to the UK Mainland (England, Wales, Scotland, Northern Ireland, Isle of Man) as
well as Ireland. At the moment we do not deliver to Channel Islands.
Password/account security
You are responsible for
maintaining the confidentiality of your password and account and any
activities that occur under your account. Jockey GmbH shall not be liable to
any person for any loss or damage which may arise as a result of any failure
by you to protect your password or account.
Ownership of rights
All rights, including trademark, copyright and other intellectual
property rights, in and to this Website are owned by Jockey International,
Inc., and used by Jockey GmbH with authorization. If you acquire any copyright
or other intellectual property rights in the Website (whether by operation of
law or otherwise), then you agree to assign those rights to us (including any
rights you may have in user generated content that you submit through the
Website) on a worldwide basis absolutely to the fullest extent permitted by
law. You will also unconditionally and irrevocably waive any and all moral
rights you acquire in or to the Website. You further agree to execute all
such documents and do all such acts and things as we may reasonably require in
order to assign any such rights to us and to waive any moral rights you
acquire in or to the Website.
Accuracy of content
To
the extent permitted by applicable law, Jockey GmbH disclaims all
representations and warranties, express or implied, that content or
information displayed in or on this Website is accurate, complete, up-to-date
and/or does not infringe the rights of any third party. The views expressed in
user generated content are the opinions of those users and do not represent
the views, opinions, beliefs or values of Jockey GmbH or related companies.
Damage to your computer or other device
Jockey GmbH uses
reasonable efforts to ensure that this Website is free from viruses and other
malicious or harmful content. However, we cannot guarantee that your use of
this Website (including any content on it or any website accessible from it)
will not cause damage to your computer or other device. It is your
responsibility to ensure that you have the right equipment (including
antivirus software) to use the Website safely and to screen out anything that
may damage or harm your computer or other device. Except where required by
applicable law, Jockey GmbH shall not be liable to any person for any loss or
damage they suffer as a result of viruses or other malicious or harmful
content that they access from or via the Website.
Links to other websites
We have or may have placed links on this Website to other websites we
think you may want to visit. We do not vet these websites and do not have any
control over their contents. Except where required by applicable law, Jockey
GmbH cannot accept any liability in respect of the use of these websites.
Exclusions of liability
We exclude all representations, warranties, conditions and terms
(whether express or implied by statute, common law or otherwise) to the
fullest extent permitted by law. We accept no liability for any losses or
damages which are not reasonably foreseeable arising out of or in connection
with these Website Terms or your use of the Website.
Except to the
extent required by applicable law, Jockey GmbH shall not be liable to any
person for any loss or damage which may arise from the use of or reliance on
any content or information displayed in or on this Website.
These
exclusions shall be governed by and construed in accordance with English law.
If any provision of these disclaimers and exclusions shall be unlawful, void
or for any reason unenforceable then that provision shall be deemed severable
and shall not affect the validity and enforceability of the remaining
provisions.
Nothing in these Website Terms shall exclude or limit
our liability for personal injury or death caused by our negligence. In
addition, these Website Terms shall not limit or exclude any other liability
that we are not permitted to limit or exclude under applicable law.
Other legal notices
There may be legal notices on other areas of this Website which relate
to your use of the Website, all of which will, together with these Website
Terms and Privacy Policy (and, where applicable, the General Terms and
Conditions of Sale, the Additional Terms and Conditions of Sale) govern your
use of this Website.
Third party rights
Only you and
JOCKEY GmbH shall be entitled to enforce these Website Terms. No third party
shall be entitled to enforce any of these Website Terms, whether by virtue of
the Contracts (Rights of Third Parties) Act 1999 or otherwise.
Entire Agreement
These Website Terms (including, where applicable, the Privacy Policy,
General Terms and Conditions of Sale, Additional Terms and Conditions of Sale)
set out the entire agreement between you and us and supersede any and all
prior terms, conditions, warranties and/or representations to the fullest
extent permitted by law.
Law, jurisdiction and language
Any matter that arises out of your use of this Website (including any
contract entered between you and us through the Website) shall be governed by
English law and subject to the exclusive jurisdiction of the courts of England
and Wales. All contracts shall be concluded in English.
Changes to these Website Terms
We reserve the right to change and update these Website Terms from time
to time and recommend that you revisit this page regularly to keep informed of
the current Website Terms that apply to your use of the Website. By continuing
to access, browse and use this Website, you will be deemed to have agreed to
any changes or updates to our Website Terms.
PART 3: GENERAL TERMS AND CONDITIONS OF SALE
These general terms and conditions of sale ("General Terms and
Conditions of Sale") apply to any order you place through the Website. You
must read these General Terms and Conditions of Sale carefully. By placing an
order through the Website, you confirm that you have read, understood and
agree to these General Terms and Conditions of Sale in their entirety. If you
do not agree to these General Terms and Conditions of Sale in their entirety,
you must not order any product or service through the Website.
Website Terms and Conditions
Whenever you use this Website to order Jockey® product our Website
Terms and Conditions will apply to your use of the Website in addition to
these General Terms and Conditions of Sale. By ordering Jockey® products
through the Website, you are deemed also to have read, understood and agreed
to the Website Terms and Conditions.
Product descriptions
We have taken reasonable precautions to try to ensure that prices
quoted on the Website are correct and that all products have been fairly
described. However, when ordering products or services through the Website,
please note that:
- orders will only be accepted if there are no material errors in the description of the goods or services or their prices as advertised on this Website;
- all prices are displayed in pounds Sterling inclusive of UK VAT where applicable unless expressly indicated otherwise;
- packaging may vary from that shown on the Website;
- the weights, dimensions and capacities shown on the Website are approximate only;
- we try to display the colours of our products accurately on the Website, the actual colours you see will depend on your monitor and we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the product on delivery; and
- all items are subject to availability.
Acceptance of your order
Jockey will notify you by email as soon
as possible to confirm that they received your order.
All products
that you order through the Website will remain the property of Jockey GmbH
until we have received payment in full from you for those products.
During
the checkout process, you will be asked to complete your payment details. All
fields indicated as compulsory must be completed.
All card
payments are subject to authorization by your card issuer and we take payment
when we accept your order shortly before sending it to you. If your payment
is not received and you have already received the products you ordered from
us, you must pay for the products or return those products to us in accordance
with reasonable return instructions that we provide to you and in the same
condition that you received them at your own expense. If you do not do this
within 30 days of the date on which we cancel your order, we may collect or
arrange for collection of the products at your expense. We reserve the right
to charge you for any and all damage to (or other adverse interference with)
any products that are the subject of an unpaid order. Please note payment is
not taken until the item is shipped.
In the event, we cannot supply
you with the product or service you ordered, Jockey will not process your
order, inform you of this in writing (including e-mail) and, if you have
already paid for the product or service, refund you in full as soon as
reasonably possible.
Quantity Limitation / No Reselling
You may not use the Platform to
purchase items for resale. Jockey may from
time to time, at its sole discretion, reject or limit quantities on orders
placed by the same individual or account, orders placed by the same credit
card, and/or orders placed using the same shipping or billing address. In
addition, if Jockey determines in its sole discretion that you are
purchasing items for resale, Jockey reserves the right, in its sole
discretion, to reject any sale or order, limit quantities sold, refuse
returns, refuse refunds, charge a restocking fee, close your account, and
take any other action Jockey deems reasonable to restrict your current and
future reselling of Jockey products. Jockey reserves the right to stop doing
business with customers who violate Jockey's no-reselling policy. A reseller
is defined as any individual that purchases goods with the intention of
selling them to others, and not solely for personal use.
Delivery Charges and Timescales
Delivery charges and timescales
vary depending on the value of your order, the type of service you select and
the delivery address. Delivery will not be made outside the UK Mainland. Delivery will only be made to the UK Mainland (England, Wales, Scotland,
Northern Ireland, Isle of Man). We cannot ship to the Channel Islands.
All risk in the products you order (including risk of loss and/or damage to
the products) pass to you when they are delivered to the delivery address
specified in your order.
We shall be under no liability for any
delay or failure to deliver products if the delay or failure is wholly or
partly caused by circumstances beyond our control.
In the UK,
delivery charge refunds can only be made in accordance with your legal rights
under the Consumer Protection (Distance Selling) Regulations 2000 and other
applicable legislation. For further information about your legal rights,
contact your local authority Trading Standards department or consumer advice
centre (for example the Citizen's Advice Bureau for UK customers).
Your right to cancel
If you are a UK consumer, you have the legal
right, under the Consumer Protection (Distance Selling) Regulations 2000 to
cancel your order within seven (7) working days following your receipt of the
goods or the date on which we begin provision of the services. Refunds for
orders cancelled under the provisions of the Consumer Protection (Distance
Selling) Regulations will be processed in accordance with your legal rights.
For further information about your statutory rights, contact your local
authority Trading Standards department or consumer advice centre (for example
the Citizen's Advice Bureau if you are in the UK).
This is not
intended to be a full statement of all your rights under the Distance Selling
Regulations. Full details of your rights under the Distance Selling
Regulations are available in the UK from your local Citizens' Advice Bureau or
your Local Authority's Trading Standards Office.
Returns and Refunds
To more learn about Returns and Refunds, click here.
Liability
There are certain liabilities which we
cannot exclude by law and nothing in these General Terms and Conditions limits
our liability for personal injury or death caused by our negligence or for
fraud.
You have certain rights as a consumer, including legal rights relating to
faulty or misdescribed goods. For further information about your legal rights
in the UK, contact your local authority Trading Standards Department or
Citizen's Advice Bureau. Nothing in these General Terms and Conditions will
affect these legal rights and, in particular, we will perform our obligations
under these General Terms and Conditions with reasonable care and skill.
Any
products we supply to you will be of satisfactory quality. We are only
responsible for losses that are a natural, foreseeable consequence of our
breach of these General Terms and Conditions. We will not be liable to you if
we are prevented or delayed from complying with our obligations under these
General Terms and Conditions by anything you (or anyone acting on your behalf)
do or fail to do or due to events which are beyond our reasonable control.
You
must follow any advice we give you to keep products we supply to you safe
(including any instructions or product manuals provided with the products). We
cannot accept liability for damage to products we have supplied which is
caused by your failure to follow this advice.
In any event we will
not be liable for any losses related to any business of yours including
(without limitation) lost data, lost profits, lost revenues or business
interruption.
Other important terms
We may update or
amend these General Terms and Conditions of Sale from time to time to comply
with law or to meet changing business requirements without notice to you. Any
updates or amendments will be posted on the Website.
These General
Terms and Conditions of Sale supersede any other terms and conditions
previously published by us and any other representations or statements made by
us to you, whether oral, written or otherwise.
You may not assign or sub-contract any of your rights or obligations under
these General Terms and Conditions of Sale to any third party unless we agree
in writing. We may assign, transfer or sub-contract any of our rights or
obligations under these General Terms and Conditions of Sale to any third
party at our discretion.
No relaxation or delay by us in exercising
any right or remedy under these General Terms and Conditions of Sale shall
operate as waiver of that right or remedy or shall affect our ability to
subsequently exercise that right or remedy. Any waiver must be agreed by us in
writing.
If any of these General Terms and Conditions of Sale are
found to be illegal, invalid or unenforceable by any court of competent
jurisdiction, the rest of these General Terms and Conditions of Sale shall
remain in full force and effect.
Only you and we shall be entitled
to enforce these Terms of Sale. No third party shall be entitled to enforce
any of these Terms of Sale, whether by virtue of the Contracts (Rights of
Third Parties) Act 1999 or otherwise.
These General Terms and
Conditions of Sale are governed by English law. In the event of any matter or
dispute arising out of or in connection with these General Terms and
Conditions of Sale, you and we shall submit to the exclusive jurisdiction of
the English courts.
