TERMS & CONDITIONS
This page tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our website, (our site) to you. Clauses 4 and 5 of these Terms apply to your use of the site and the ways in which we may use your information, and apply whether or not you purchase any Products from us.
These Terms will apply to any contract between us for the sale of Products to you (Contract) and to your use of the Site and our use of your information. Please read these Terms carefully and make sure that you understand them, before using the site and/or ordering any Products from our site. Please note that by using the site and/or ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to in it. Before placing an order you will be asked to agree to these Terms.
The requirements for cancellation and returns are set out in the Cancellation and Returns section of this site, a link to which is located at the footer of this page. These must be read in conjunction with these Terms.
If you are ordering Products on the site, please click on the button marked "I Accept" at the end of these Terms if you accept them. If you refuse to accept these Terms, you will not be able to order any Products from our site.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 8. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 14 August 2014.
These Terms, and any Contract between us, are only in the English language.
1. INFORMATION ABOUT US
1.1 We operate the website secretshoes.co.uk. We are Jago Europe Limited, a company registered in England and Wales under company number 05226051 and our registered office and main trading address at Unit 54, Team Valley Business Centre, Earlsway, Team Valley Trading Estate, Gateshead, England, NE11 0QH. Our VAT number is GB 857141127.
1.2 If you want to ask us anything about these terms & conditions or have any comments or complaints on or about our website, please email us at: [email protected], telephone us on +44 (345) 900 2808 or write to us at Jago Europe Ltd, PO Box 1078, Newcastle upon Tyne, UK, NE99 1SS.
1.3 Our address for Product returns is Jago Europe Ltd, Clavering House, Clavering Place, Newcastle upon Tyne, NE1 3NG.
2. CONTACTING US
2.1 If you are a consumer, to cancel a Contract in accordance with your legal right to do so as set out in clause 9 you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form set out in the "Cancellation & Returns" page on our website. A link to the website cancellation form will be included in our Dispatch Confirmation. If you use this method we will e-mail you to confirm we have received your cancellation. You can also e-mail us at [email protected] or contact our Customer Services team by telephone on
+44 (345) 900 2808 or by post to Jago Europe Limited, PO Box 1078, Newcastle upon Tyne, NE99 1SS, United Kingdom. If you are emailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.
2.2 If you wish to contact us for any other reason, including because you have any complaints, you can contact us by telephoning our customer service team at [email protected]
3. OUR PRODUCTS
3.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
3.2 All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if one is made.
4. WEBSITE ACCEPTABLE USE POLICY
Your use of our site is governed by our Terms of Website Use and Website Acceptable Use Policy. Please take the time to read these, as they include important terms which apply to you ;
Cookies - may be used on this site to track and store online ordering information, to retain information you have previously entered on the site, or in the use of third party applications. In general, you can use this site without requiring cookies. If you prefer not to use or accept cookies when using this site, you may switch off cookies in your browser.
Ownership of Rights - All rights, including copyright, in this website are owned by or licensed to Jago Europe Ltd t/a Jago Shoes. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of Jago Europe Ltd. You may not modify, distribute or re-post anything on this website for any purpose. All logos, product names, are trademarks/ trade names of their respective holders. Any use other than for intended purposes may constitute copyright infringement.
Links to Other Websites -We may from time to time place links on this website to other websites we think you may wish to visit. We do not vet these websites and do not have any control over their contents. We cannot accept any liability in respect of your use of these websites.
Damage to your Computer - We make every effort to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it won't cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website and screen out anything that may damage it. Jago Europe Ltd shall not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.
Accuracy of Content - We have taken every care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at time of publishing and all products have been fairly described. However, no liability is accepted for any statements, representations or warranties relating to the description or use or benefits of the products offered. Orders will only be accepted if there are no material errors in the description of the goods or their prices as advertised on this website. All prices are displayed inclusive of UK VAT. Prices may be subject to change without notice. Packaging may vary from that shown. The weights, dimensions and capacities given are approximate only. We have made every effort to display as accurately as possible the colours of our products that appear on the website. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the product on delivery. Products may show slight variations from those described or pictured without notice. Elevated footwear heights given are an approximate measurement and are a guide only. Please note that in order to respect proportions inherent in the shape, smaller size show a reduction to the height advertised. To the extent permitted by applicable law, we disclaims all warranties, express or implied, as to the accuracy of the information contained in any of the materials on this website. We shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this website.
VAT (Value Added Tax) - All product prices shown on our site include United Kingdom VAT at 20% . We are obliged to include and show this tax for all orders within the European Union. The prices shown in your shopping cart separates this VAT for your information. The website will automatically omit any VAT charges for all orders destined for outside of the European Union's member states. Our VAT Registration number is: GB 857141127.
Use of this Website from outside the UK - Unless otherwise specified, the materials on this website are directed at customers from the United Kingdom. Jago Europe Ltd makes no representation that any products offered on this website are appropriate for use, or available, in other locations. If you choose to access this site from other locations, you are responsible for compliance with local laws if and to the extent local laws are applicable.
6. IF YOU ARE A CONSUMER
This clause 6 only applies if you are a consumer.
6.1 If you are a consumer, you may only purchase Products from our site if you are at least 18 years old.
6.2 As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
7. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
7.1 Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
7.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 7.3.
7.3 We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (Dispatch/Shipment Tracking no. Confirmation). The Contract between us will only be formed when we send you the Dispatch/Shipment Tracking no. Confirmation.
7.4 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site as referred to in clause 12.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
7.5 You can check your order status on our website by entering your order reference details in the 'Tracking' section at the top right of every page.
8. OUR RIGHT TO VARY THESE TERMS
8.1 We may revise these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed. Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
8.2 Whenever we revise these Terms in accordance with this clause 8, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
9. YOUR CONSUMER RIGHT OF RETURN AND REFUND
This clause 9 only applies if you are a consumer
9.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 9.2. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens' Advice Bureau or Trading Standards office.
9.2 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation, which is when the Contract between us is formed. If the Products have already been delivered to you, you have a period of 14 (fourteen) days in which you may cancel, starting from the day after the day you receive the Products. (For example, if we provide you with a Dispatch Confirmation on 1 January and you receive the Product on 10 January, you may cancel at any time between 1 January and the end of the day on 24 January.
9.3 To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form on our website. A link to the website cancellation form will be included in our Dispatch Confirmation. If you use this method we will e-mail you to confirm we have received your cancellation.
9.4 You can also email us at [email protected] or contact our Customer Services team by telephone on +44 (345) 900 2808 or by post to Jago Europe Ltd, PO Box 1078, Newcastle upon Tyne, NE99 1SS. If you are e-mailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-mail us before midnight on that day.
9.5 If you cancel your Contract we will:
(a) refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. Please carefully read our Cancellation and Returns section of the website which gives clear information about what handling is acceptable and examples;
(b) make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
(i) 14 days after the day on which we receive the Product back from you. For information about how to return a Product to us, see clause 9.8;
(ii) if you have not received the Product 14 days after you inform us of your decision to cancel the Contract.
9.6 If you have returned the Products to us under this clause 9 because they are faulty or mis-described, we will refund the price of a defective Product in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
9.7 We refund you on the credit card or debit card used by you to pay, or where you paid by any other method, we will issue a refund by any chosen method of payment.
9.8 If the Products were delivered to you before you decided to cancel your Contract:
(a) you must return the Products to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. Please see our Cancellation and Returns page of the website for our return address and information about how to arrange return;
(b) unless the Products are faulty or not as described (in this case, see clause 9.6), you will be responsible for the cost of returning the Products to us. For returns from outside of the UK there may be import/export duties & applicable landing charges to be paid by you in addition.
9.9 As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 9 or these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
All Items are in stock unless indicated and will be dispatched from our warehouse within 2-3 working days and after cleared funds have been received. We dispatch on certain days twice a week. See 'next dispatch date' located at the top left corner of our homepage. In all cases we will do the utmost to ship the goods out to you as soon as we can. To check stock please call us on 0345-900-2808
10.1 We will contact you with an estimated delivery date, which will be within 45 days after the date of the Dispatch Confirmation, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
10.2 Delivery will be completed when we deliver the Products to the address you gave us.
10.2(i) If no one is available at your address to take delivery, we will attempt to re-deliver the Products. If, once more, there is no one available at your address to take delivery, the Products will be returned to the carrier's depot, and you will be responsible for collection within such timeframe as specified by the carrier.
10.3 The Products will be your responsibility from the completion of delivery.
10.4 You own the Products once we have received payment in full, including all applicable delivery charges.
10.5 If we miss the 45 day delivery deadline for any Products then, unless you agree a later delivery date with us, you may cancel your Order straight away if any of the following apply:
(a) we have refused to deliver the Products;
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances)
10.6 If you do not wish to cancel your order straight away, or do not have the right to do so under clause 10.5, and provided we have not agreed a later delivery date, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.
10.7 If you do choose to cancel your Order for late delivery under clause 10.5 or 10.6 you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. You will be responsible for returning the Products, and we will pay the costs of this, provided that the return cost payable by us will not exceed the sums we originally charged you for delivery of the relevant Products. After you cancel your Order, and subject to us having received the returned Products from you in such condition and repair as required under these Conditions and the Delivery & Returns section of this site, then we will refund any sums you have paid to us for the cancelled Products and their delivery.
11. INTERNATIONAL DELIVERY
11.1 There are restrictions on some Products for certain international delivery destinations. If you order Products from our site for delivery to an international delivery destination, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
11.2 You will be responsible for payment of any such import duties and taxes, including in respect of any returns of the Products. Please contact your local customs office for further information before placing your order.
12. PRICE OF PRODUCTS AND DELIVERY CHARGES
12.1 The prices of the Products will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see clause 12.5 for what happens in this event.
12.2 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.
12.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
12.4 The price of a Product does not include delivery charges. Our delivery charges are as quoted on our site from time to time.
12.5 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts some of the Products on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
(a) where the Product's correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Products to you. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price; and
(b) if the Product's correct price is higher than the price stated on our site, we will contact you in writing as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
13. HOW TO PAY
13.1 You can only pay for Products using a debit card or credit card, UK cheque drawn on a UK Bank, UK Postal Order or by Electronic Bank Transfer (UK & International). All payments by cheque, or Postal Order should be made out to "Jago Europe Limited", and sent to Jago Europe Limited, PO Box 1078, Newcastle upon Tyne, NE99 1SS, United Kingdom. On receipt of cleared funds, we will process the Order.
13.2 Payment for the Products and all applicable delivery charges is in advance.
14. MANUFACTURER GUARANTEES
If you are a consumer, any manufacturer's guarantee (which may or may not be provided by the manufacturer of the Products) is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
15. OUR LIABILITY
15.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
15.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
16. EVENTS OUTSIDE OUR CONTROL
16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 16.2.
16.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, 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, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
16.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
17. COMMUNICATIONS BETWEEN US
17.1 When we refer, in these Terms, to "in writing", this will include e-mail.
17.2 If you are a consumer you many contact us as described in clause 2.
17.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
17.4 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
18. OTHER IMPORTANT TERMS
18.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you in writing or by posting on this webpage if this happens.
18.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
18.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
18.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
18.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
18.6 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to