T & C's
T & C’s
Just Smile Designs Terms and Conditions of Sales
These terms and conditions form part of the contract of sale between the seller shown in the relevant product listing and buyers of goods on this website.
References to “we”, “us”, “our” etc. are to the seller. References to “you” are to the buyer.
Please read these terms and conditions carefully. They apply when you buy any goods from us via this site.
Please print or save these terms for future use as we will not keep a file copy specifically for the transaction with you and we cannot guarantee that they will remain accessible on this website in future.
These terms and conditions are available in the English language only.
Where we refer to “Consumer” below we mean an individual acting for purposes, which are wholly, or mainly that person’s trade, business, craft or profession.
We are legally required to remind Consumers that we are under a legal duty to supply goods that are in conformity with the contract. Furthermore, nothing below affects Consumers’ legal rights in relation to goods that are not in conformity with the contract, whether because they are faulty, not as described or otherwise.
You can get advice about your legal rights from your local Trading Standards office or Citizens’ Advice Bureau.
You are not eligible to buy any goods from us via this site if it is unlawful for you to buy or use the goods in, or import them into, your country.
Where you communicate with us on behalf of a company / organisation, you promise that you have authority to act on behalf of that entity.
These terms and conditions may be changed at any time. Please check them carefully as they will apply to any new purchases from us via this site occurring after the effective date shown.
2. Right to cancel
If you are an EU Consumer, you have the right to cancel this contract subject to the provisions set out below. This right is not affected by any separate returns policy on this website.
There is no right to cancel contracts for the supply of:
- Goods made to your specifications or which are clearly personalised;
- Goods liable to deteriorate or expire rapidly;
Right to cancel
If you do have the right to cancel, the following instructions apply:
• You have the right to cancel this contract within 14 days without giving any reason.
• There is no right to cancel contracts for the supply of:
- Goods made to your specifications or which are clearly personalised;
- Goods liable to deteriorate or expire rapidly;
• The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods;
• To exercise the right to cancel, you must inform Just Smile Designs of:
K.Elstob (Authorised representative):
17 Bransholme Drive, York, United Kingdom, YO30 4XN,
Or at www.justsmiledesigns.co.uk on our behalf of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail).
• To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation
• If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
• We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
• We will make the reimbursement without undue delay, and not later than:
7 days after the day we receive back from you any goods supplied, or
(If earlier) 7 days after the day you provide evidence that you have returned the goods.
• We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
• You shall send back the goods or hand them over to us at the address shown on the form sent with the goods without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of the contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
• You will be liable for and bear the direct cost of return of the goods.
• You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Minor variations in goods
• We will make reasonable endeavours and care to ensure that representations and descriptions of goods appearing on our product listing are correct. We have made reasonable efforts to display as accurately as possible the appearance / colour / texture / finish of our goods. However, you acknowledge and accept that by the nature of the products, there may be minor differences between the actual goods and the way that they appear on our listing. For example, the colour tone may differ.
• The labelling or packaging of the goods you receive may differ from the images of these which you see on the site unless specific gift wrapping options have been purchased and agreed.
Payment and price
• Payment is in advance via our secure checkout. Despatch of the goods is subject to our receipt of full payment in cleared funds.
• Our prices may change from time to time. The price for the goods you order is as stated on our product listing at the time you send us your order.
• Delivery charges are charged extra at the rate shown on the listing at the time you place your order. These will depend on the delivery method chosen. NB The delivery charges do not include customs or import duties, which may be applied, to your order by the relevant authorities. We have no control of these and it is your separate responsibility to pay for them. We recommend that you check with your local customs office in advance.
• If we have mis-priced any item in error, we are not obliged to supply the item at that price provided we notify you before we despatch the item. If we do notify you, then you can decide if you want to order the item at the correct price but, if you do not, we will provide a full refund of any payments already made.
• You must contact us immediately at www.justsmiledesigns.co.uk with full details if you dispute any payment.
• If any amount due to us is unpaid, or unjustifiably charged back, we may cancel this agreement on written notice (including email).
• Your order is an offer to buy from us.
• You place your order by using the ordering process on the site. This involves selecting the goods, placing them in the shopping cart and transmitting the order to us by clicking on the “Pay Now” button. This process permits you to check and amend any errors before making an order by using the change function and/or the internet browser back button.
• You must ensure that your order and any other information you supply to us is correct and you must promptly update us if there are any changes via email www.justsmiledesigns.co.uk
• You may be sent a confirmation email after your order but please note that a binding legal contract is formed only when we accept your offer as stated below.
• All orders are subject to availability. If any goods are unavailable, we will notify you of the unavailability as soon as possible and will arrange for a full refund if you have been charged.
• There will be no binding contract of any kind between you and us unless and until you receive an email confirming that the offer is accepted. Until then we may decline to supply the goods to you without giving any reason and/or cancel your order. Nothing else that we do or say (e.g., sending the confirmation email immediately after the order) will amount to acceptance of your offer.
• Delivery will be complete when we deliver to the address which you specify when ordering. We may deliver different parts of your order on different dates and will inform you of this.
• Delivery is currently only to UK countries unless otherwise stated, delivery dates given on the website are estimates only. If you are a Consumer, we have no liability for any losses arising from delay in delivery to the extent that this is due to circumstances beyond our reasonable control and where we could not have taken reasonable steps to deal with the delay. If you are not a Consumer, we have no liability for any losses arising from delay in delivery.
• If you receive notification of an unsuccessful attempted delivery, it is your responsibility to use the details provided to contact the delivery company to arrange re-delivery. If nobody is available to receive the goods, we reserve the right to leave them at the doorstep, hall or reception as available.
Risk and ownership
• Risk of damage or loss to the goods passes to you on delivery to you or to somebody identified by you to take possession of the goods or to your carrier.
• You become owner of the goods after the later of delivery of the goods and payment of the price plus delivery charges. Until that happens, you hold the goods on our behalf. If you are not a Consumer, you must identify the goods as ours and keep them separate from your other goods until ownership passes.
• Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited.
• You must give us a reasonable opportunity to remedy any matter for which we are liable before you incur any costs remedying the matter yourself.
• The following clauses apply only if you are a Consumer:
We are not responsible for any loss or damage caused by us or our employees or agents in circumstances where:
there is no breach of a legal duty of care owed to you by us or by any of our employees or agents; such loss or damage was not foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract); such loss or damage is caused by you, for example by not complying with this agreement; or such loss or damage relates to a business (as we do not intend for goods bought by Consumers to be used for business).
• You will be responsible to us for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement (subject of course to our obligation to mitigate any losses).
• The following clauses apply only if you are not a Consumer:
In this clause, any reference to us includes our employees and agents.
Our liability of any kind (including our own negligence) is limited to the price paid for the goods.
In no event (including our own negligence) will we be liable for any:
- economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
- loss of goodwill or reputation;
- special, indirect or consequential losses; or
- damage to or loss of data (even if we have been advised of the possibility of such losses).
- You will indemnify us against all claims and liabilities directly or indirectly related to your breach of this agreement.
This agreement constitutes the entire agreement between us with respect to its subject matter and supersedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.
To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.
• We may send all notices under this agreement by email to the most recent email address you have supplied to us (unless otherwise stated in this agreement). Headings used in this agreement are for information and not binding.
Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (i.e. that it cannot be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, then it will be replaced with a provision which as far as possible achieves the same thing and the rest of the agreement shall continue to apply.
We may transfer this agreement to a third party but this will not affect your rights or obligations. A person who is not a party to this agreement shall have no rights to enforce any term of this agreement except insofar as expressly stated otherwise.
• If you have any complaints, please contact us via the contact form on the website or email www.justsmiledesigns.co.uk
NB. This policy does not affect any of your legal rights, including separate cancellation rights, which may be available to you. For more information about those rights, see our terms and conditions. Nor does it apply to defective items.
We are confident you will love your products. However things can go wrong. This returns policy allows you to return unwanted products for a refund on the following conditions.
- The item must be received in its original condition within 14 days of receipt by you.
- The returned item must be in a condition allowing it to be resold as new including being unused, in its original packaging, with all components and with any seals, labels and documentation intact.
- The returned item must include our returns form which is available from us on request by email to www.justsmiledesigns.co.uk and you must include the form in the package that you return to the seller.
- You must pay the cost of returning the item to us.
- The item is your responsibility until it reaches the seller you are returning to. Therefore for your own protection we recommend that you send the item using a delivery service that insures you for the value of the goods and that you retain proof of posting.
- If the returned item is received in accordance with the above requirements, we will issue a full refund but less the original delivery charge, less any payment charges, and less the amount of any discount. Alternatively, if you prefer, it may be possible for the seller to exchange the item.
- In the event of an item being faulty of damaged just notify Just Smile Designs in writing within 7 days of receiving the item, and we will issue you with a Returns number and label which you will need to include in the return parcel. Please ensure you notify us first via www.justsmiledesigns.co.uk before sending the item back to the seller.
- All items must go back directly to the seller, in protective packaging and using a traceable mailing method as neither Just Smile Designs or the seller are responsible for goods lost or damaged in transit. All postage costs for returned items are at the customer’s expense.
- Please note that bespoke and personalised items are non-returnable.
Cost of delivery
All postage and packaging prices are provided by the individual sellers and vary depending on the product being sold. Unless indicated otherwise prices quoted are for mainland UK delivery. Products can also be posted overseas where indicated by the seller. If this option is not offered please contact the seller who will advise what is possible.
Our sellers all deliver their orders via different delivery methods. You may be able to select different options at the Checkout depending on the seller you are buying form. Each seller will however specify the delivery method they will be using to post their product to you.
All the product listings and handmade. Each order will have an estimated delivery time detailed and you should look at this to see how long your order will take to arrive. This is also reconfirmed to you on your order confirmation email. Some items, such as personalised or customised items may take longer to produce subject to the type and complexity of the work required. If you wish to discussed delivery timescales before purchasing, please contact the seller directly
Who is posting my order?
All purchased items are sent to you directly from the seller as stated in the product listing.