These terms and
conditions (Terms), together with our Website Terms of
apply to any contract between eJobber Limited (us, our, we) and you for
the sale of the products listed on our website, in our brochures and otherwise
made available (Products) to you (Contract).
We amend these Terms from time to time. Please read these Terms
carefully before ordering any Product from us. By placing an order for Products
with us, you will be deemed to have accepted these Terms.
These Terms, and any Contract between us, are in English only.
1. DEFINITIONS AND INTERPRETATION
1.1 In these Terms the following terms have the following meanings:
Business Days: a day (other than a
Saturday, Sunday or public holiday) when banks in London are open for business;
Dispatch Confirmation: has the meaning given to it in
Force Majeure Event: has the meaning given to it in
Confirmation: has the meaning given to it in clause 5.5;
Specification: the brand,
product type, model number and packaged quantity of the Product as set out in
the relevant Product information on our website/in our brochures or otherwise
made available to you.
1.2 In these Terms,
unless the context requires otherwise: (a) a person includes a
natural person, corporate or unincorporated body (whether or not having
separate legal personality); (b) a reference to a party includes its personal
representatives, successors or permitted assigns; (c) a reference to a statute
or statutory provision is a reference to such statute or provision as amended
or re-enacted. A reference to a statute or statutory provision includes any
subordinate legislation made under that statute or statutory provision, as
amended or re-enacted; (d) any phrase introduced by the terms including, include, in
particular or any similar expression shall be construed as illustrative
and shall not limit the sense of the words preceding those terms; and (e) a
reference to writing or written includes
faxes and e-mails.
2. BASIS OF THE CONTRACT
2.1 These Terms and
our Website Terms of
exclusion of all other terms including any terms appearing on your purchase
order or implied by trade, custom, practice or course of dealing.
2.2 The Contract constitutes the entire agreement between you and us and
supersedes and extinguishes all previous agreements, promises, assurances,
warranties, representations and understandings between us, whether written or
oral, relating to its subject matter.
2.3 You acknowledge that in entering into the Contract you do not rely
on any statement, representation, assurance or warranty (whether made
innocently or negligently) that is not set out in the Contract.
2.4 Any images,
drawings, descriptions, adverts and similar, which do not form part of the
Specification, whether on our website, in our brochure or otherwise made
available to you by us (a Product Description), are provided for
illustrative purposes only. There may be errors in the Product Specification
and/or description and you should not rely on it when placing an order. The
Contract is not a sale by specification/description and any Product
Specification/Description or other information which will not form part of the
Contract. The Contract is based on the product’s unique Manufacturer Part
Number which should thoroughly be checked before placing the order.
2.5 Both parties
agree that neither you nor we shall have any claim for innocent or negligent
misrepresentation or negligent misstatement based on any statement in this
Contract. Nothing in this clause shall operate to exclude or limit liability
for fraud or fraudulent misrepresentation.
3. USE OF OUR WEBSITE
3.1 Your use of our
website (currently at: www.ejobber.eu) is governed by our
which will apply to you.
4. AUTHORITY TO PURCHASE
4.1 You must register
for an account with us and pass our credit checks in order to place an order
with us. We will perform a series of credit checks on you prior to activating
your account. You should not register for an account if you are not happy for
us to complete such credit checks. You must ensure that all information you
provide to us in registering for an account is accurate (to your knowledge) and
up to date.
4.2 We reserve the
right to refuse to activate your account for any reason.
4.3 You confirm that
you have the authority to bind the business on whose behalf you place an order
4..4 If you are
paying by Credit/Debit card or Paypal and the billing address provided is
different from the shipping address we reserve the right to ask for further
proofs to validate your purchase. We might ask for a recent bank statement or
another proof of address before we can ship the order.
5. CONTRACT FORMATION
5.1 To purchase
Products through our website, you must login to our website. Once you have
logged in, the website will guide you through the steps you need to take to
place any order with us. Our order process allows you to check and amend any
errors before submitting your order. Please take the time to check the details
of your order are correct before submitting it. Placing an order constitutes an
offer by you to purchase Products on these Terms and acceptance of your order
will only take place in accordance with clause 5.4.
5.2 You can also
place orders for Products by telephone, email or EDI. Any such telephone
conversation, email or EDI order shall constitute an offer by you to purchase
Products on these Terms. Orders cannot be accepted over the phone or through
the EDI. Your order will only be accepted in accordance with clause 5.4.
5.3 If we are unable
to supply you with a Product, for example because that Product is not in stock
or no longer available, we will inform you of this by email or telephone. You
will have the right to cancel your order at this point. If we are unable to
contact you, we will process your order in so far as it contains Products that
we are able to supply. Your offer to purchase the Products we are unable to
supply will remain valid unless you choose to cancel it and we will supply any
such Products as soon as they become available. Where any Product that you have
ordered becomes permanently unavailable (e.g. because the manufacturer stops
making it), we will inform you of this and either suggest a suitable
alternative Product to you, or cancel your order. If you paid for such Product
on placing your order, we will refund you for that Product.
5.4 Subject to
clause 5.5, your order will be accepted when we send you an email
that confirms that the Products have been dispatched (Dispatch Confirmation).
The Contract between us will only be formed when we send you a Dispatch
Confirmation. We may dispatch the Products in installments. Each installment
shall constitute a separate contract formed when we send you a Dispatch
Confirmation for that instalment and, except where payment is made at the time
of placing an order, we will invoice for each installment separately.
5.5 Where you have
requested that we deliver the Products directly to your end customer(s), the
Contract (in respect of such Products) will be deemed formed when we send you
an email that confirms that such Products are reserved for your customer(s) (Reservation
5.6 Where we have
listed a product with the status ‘Currently Out of Stock.’ and knowingly or
unknowingly you still place an order for that product, we will be under no
obligation to fulfill any such order. However we will provide you with an
up-to-date lead time and price on that product(s). If you do not want to accept
this offer and want to cancel the order, we will refund you the full amount
less admin charges of 3.5%.
5.6 We reserve the
right to cancel any order without having to provide any reason. If we decide to
cancel an order we will refund any amount paid for this order.
6.1 We shall deliver
the Products to the delivery address(es) specified by you when placing your
order (Delivery Location). Where you are reselling the Products and
would like us to deliver the Products directly to your customer, you must
notify us when placing your order. Please note that when placing an order on
our website, you will only be able to specify one Delivery Location. You will
need to place a separate order for each Delivery Location you require Products
to be delivered to.
6.2 Delivery of
Products shall be completed on the Products’ arrival at the Delivery Location.
6.3 All delivery
times given are estimates only and the time of delivery is not of the essence.
We shall not be liable for any delay in delivery of the Products. Any orders
cancelled after the dispatch of the product(s) by us will incur 25% Restocking
Fee regardless of the order cancellation reason including but not limited to
6.4 If we fail to deliver the Products, our liability shall be limited
to replacing the Products within a reasonable time or issuing a full refund in
respect of the Products that we failed to deliver (including any delivery
charges paid). We shall have no liability for any failure to deliver the
Products to the extent that such failure is caused by a Force Majeure Event or
your failure to provide us with adequate delivery address details or delivery
instructions or any other instructions that are relevant to the supply of the
6.5 If you would like
to report an issue with any Products which are delivered, or seek a credit note
in the event that any Delivery is defective you must:
(a) in the event that
any Products are damaged on Delivery, ensure that such damaged Products are
noted and signed for on delivery to be DAMAGED and reported to us within 24
hours of Delivery. Photographic evidence of the damage will also be required;
(b) in the case of
non-delivery or shortage of goods against those ordered, report such shortage
or non-delivery within 24 hours of the expected time of Delivery; and
(c) in the case of
mispicked products or products received in error, report such error within 24
hours of Delivery and provide details of the items you have received
6.6 Where the product
weight is above 20 kg or requires pallet shipment we might ask for extra
shipment charges on top of the shipment charges you already paid on the
7. INTERNATIONAL DELIVERY
7.1 If you order
Products from our website for international delivery, your order may be subject
to import duties and taxes which are applied when the delivery reaches that
destination. We have no control over these charges and we cannot predict their
7.2 You will be
responsible for payment of any such import duties and taxes. Please contact
your local customs office for further information before placing your order.
7.3 You must comply
with all applicable laws and regulations of the country for which the Products
are destined. Many of the Products we sell are subject to export licence
control and you must ensure that you comply with the laws in force at the time
when reselling any Products (including, but not limited to, the Export of Goods
Control Order 1994). We will not be liable or responsible if you break any such
8. TITLE AND RISK
8.1 Risk in the
Products shall pass to you on completion of delivery. Where Products are
delivered in instalments, or any of the Products are to be delivered directly
to your customers, risk in each of the Products shall pass individually on
completion of delivery of that particular Product to the Delivery Location.
8.2 Title to the Products shall not pass to you until:
(a) we receive in full all sums due in respect of the Products and all
other sums which are due, and have become payable (including sums payable in
respect of other contracts between you and us, interest, handling charges and
any damages due), in which case title shall pass at the time of payment of all
such sums; or, if earlier
(b) you resell the Products, in which case title to the Products shall
pass to you at the time specified in clause 8.4.
8.3 Subject to clause 8.5, until title to the Products has
passed to you, you shall:
(a) store the
Products separately from all other products you hold so that they remain
identifiable as our Products;
(b) not remove,
deface or obscure any identifying mark or packaging on or relating to the
(c) maintain the
Products in satisfactory condition and keep them insured against all risks for
their full price from the date of delivery;
(d) notify us immediately
if you become subject to any of the events listed in clause15.2; and
(e) give us such
information relating to the Products as we request from time to time.
8.4 Subject to
clause 8.5, you may resell or use the Products in the ordinary course
of your business (but not otherwise) before we receive payment for the
Products. However, if you resell the Products before that time:
(a) you do so as principal and not as our agent; and
(b) title to the specific Products resold shall pass from us to you immediately
before the time at which the resale by you occurs.
8.5 If, before title
to the Products passes to you, you become subject to any of the events listed
in clause15.2 then, without limiting any other right or remedy we may have:
(a) your right to
resell the Products or use them in the ordinary course of business ceases
(b) we may, at any time:
(i) require you to
deliver up all Products in your possession which have not been resold, or
irrevocably incorporated into another product; and
(ii) if you fail to
do so promptly, enter any of your premises, or the premises of any third party
where the Products are stored in order to recover them and you shall be deemed
to have granted us a licence to do so.
9.1 The price of the Products shall be:
(a) for orders placed on our website, the price set out on the final
order page on our website;
(b) for email orders,
the price set out on the last email sent by us to you which references the
final agreed price of the Products;
(c) for EDI orders,
the price set out on the latest EDI price list made available by us to you
(unless specifically agreed otherwise, in which case, the price agreed between
the parties and confirmed by us in writing will be the price of the Products);
(d) for telephone
orders, the price agreed between us and you during the telephone call in which
the order is placed.
9.2 Prices for our
Products may change from time to time, but changes will not affect any order
you have already placed, except that we may, by giving notice to you at any
time prior to delivery, increase the price of the Products to reflect any
increase in the cost of the Products that is due to:
(a) any factor beyond
our control (including foreign exchange fluctuations, increases in taxes and
duties, and the manufacturer’s prices;
(b) any request by
you to change the delivery date(s), delivery address(es), or the quantities or
types of Products ordered; or
(c) any delay caused
by any instruction by you or failure to give us adequate or accurate
information or instructions (including delivery address(es)).
9.3 The price of the
Products is exclusive of value added tax (VAT). You shall, on receipt of
our VAT invoice, pay us such additional amounts in respect of VAT as are chargeable
on the supply of the Products at the rate then in force.
9.4 The price of the
Products is also exclusive of delivery charges (unless specifically agreed with
us otherwise). We will notify you of the delivery charge that applies when you
place your order and the applicable delivery charge shall be determined in the
same way as the price in accordance with clause 9.1.
9.5 We sell a large
number of Products and it is possible that some of our Products may be
incorrectly priced on our website/EDI price list/in our brochures. If we
discover an error in the price of the Products you have ordered (as displayed
in accordance with clause 9.1) we will contact you to inform you of
this error. If you paid for the Products at the time of placing the order, your
order will be automatically cancelled and we will issue you with a refund. You
will need to place a new order for the Products if you wish to order the
Products at the correct price. If you did not pay for the Products at the time
of placing your order and we are unable to contact you using the contact
details you provided during the ordering process within 5 Business Days of
discovering the pricing error, we will treat the order as confirmed at the
correct Price and notify you in writing. Please note that if the pricing error
is obvious and unmistakable and could have reasonably been recognized by you as
a mispricing, we do not have to provide the Products to you at the incorrect
9.6 Where you have
not paid for the Products at the time of placing your order, we may submit an
invoice to you by email at any point from the time we send the Dispatch
Confirmation or Reservation Confirmation to you. You shall pay the invoice in
full and in cleared funds by the last Business Day of the month following the
month in which the Dispatch Confirmation or Reservation Confirmation was sent
to you (Due Date). Payment shall be made to the bank account nominated
in writing by us, by direct debit (subject to a direct debit mandate having
been completed) or by cheque. Please note that any payment by cheque must be in
cleared funds by the Due Date. Time of payment is of the essence.
9.7 If you fail to make any payment due to us under the Contract by the
due date for payment, then you shall pay:
(a) interest on the overdue amount at the rate of 3.5% per annum above
Barclays Bank PLC’s
base rate from time to time. Such interest shall accrue on a daily basis from
the due date until actual payment of the overdue amount, whether before or
after judgment. You shall pay the interest together with the overdue amount;
(b) all costs and expenses reasonably incurred by us or on our behalf in
recovering the overdue amount and interest referred to in this
clause 9.7 from you, including (without limitation) legal costs and all
other professional costs and expenses.
9.8 If any amount
payable to us by you remains unpaid for 60 days or more from the Due Date, then
all invoices then in existence under your account (whether or not due for
payment), shall become immediately payable.
9.9 You shall pay all amounts due under the Contract in full without any
set-off, counterclaim, deduction or withholding (except for any deduction or
withholding required by law). We may at any time, without limiting any other
rights or remedies we may have, set off any amount owing to us by you against
any amount payable by us to you.
10. GUARANTEES AND WARRANTIES
10.1 The Products we sell are not manufactured by us and each
manufacturer provides different guarantees or warranties in respect of their
Products. We shall assign any Product guarantee or warranty rights which we
have against the manufacturer of the Product to you. Please refer to the
Product information on our website/in our brochure for confirmation of the
guarantee or warranty provided with the Product. For details of the applicable
terms and conditions of such guarantee or warranty, please refer to the
manufacturer’s website, details of which will be stated on the relevant Product
page of our website/brochure.
10.2 We warrant that such Products will materially comply with the
Specification on delivery. Please note that there may be minor variations between
a Product and its Specification and we do not give any guarantee or warranty in
10.3 Except as specifically set out in these Terms, the Products are
sold without guarantees, conditions or warranties and as far as legally
possible, we expressly exclude all conditions, warranties and other terms which
might be implied by law.
11. FAULTY PRODUCTS
11.1 We will repair or replace (at our option) certain Products with
which you encounter a fault (including a physical defector issue with the performance
of the Product) (Defective Product).We will not provide a remedy for all
Defective Products and the availability of a remedy from us (as opposed to the
manufacturer) varies depending on the category and make of the Product
concerned. Further details (including whether a remedy is available and the
time periods during which we will consider repairing or replacing a Defective
Product) are available on request. Please contact us using the contact details
set out in clause 18.2 to obtain more information.
11.2 To the extent that a remedy is available, you must notify us
immediately (and not later than 2 Business Days after discovering that the
Product is a Defective Product), with details of the
fault or defect. We will, at out option, repair or replace such Defective
Product. This shall be your sole and exclusive remedy in respect of any
11.3 To the extent that no remedy is available from us, you will need to
rely on the manufacturer’s guarantee and/or warranty provided with the Product
11.4 Where a Product does not materially conform with the Specification
(Non-conforming Product), you must notify us within 30 days of the
Product being delivered, with details of the non-conformance. We shall, at our
option, replace the Non-conforming Product with a Product that does materially
comply with the Specification or issue a refund for the amount paid in respect
of the Non-conforming Product. You must return the Non-conforming Product back
to us within 5 Business Days of notifying us that the Product does not
materially comply with its Specification. Any replacement Product or refund
will only be issued once we have received the returned Product. This right does
not extend to non-material deviations from the Specification. If we agree to
issue a refund, we will do so within 30 days of the last Business Day of the
month following the month in which the returned Non-conforming Product is
received by us.
11.5 You are
responsible for the costs of returning a Defective Product or Non-conforming
Product to us.
11.6 Any Defective
Product or Non-conforming Product that you return to us is at your risk until
we receive it.
11.7 Where we
determine (acting reasonably) that any Product that you have returned to us as
a Defective Product or Non-conforming Product is of satisfactory quality
(including where no fault/defect exists, the fault/defect was likely caused by
your misuse of the Product or the Product does materially comply with its
Specification), you shall not be entitled to any remedy and you will be
responsible for collecting the Products from us
12. RETURN OF PRODUCTS
12.1 In addition to
your rights in respect of Defective Products, we allow you to return some Products
by providing a valid reason. Please contact us using the contact details set
out in clause 18.2 for more information (including on which Products we allow
you to return and the time limits for return). This is a discretionary right
and not all Products carry the right to return.
12.2 Except where you
have a right to return a Defective Product, we will not accept any returns
unless they are notified to us in writing by e-mail within the time period
specified for that particular Product (available on request). You will need to
provide details of the Product you wish to return, the invoice number and date
(Returns Notification). We will accept or deny the return in writing within 10
Business Days of receiving the Returns Notification and, where we accept the
return, we shall provide a returns authorization number.
12.3 Authorization to
return hardware Products will only be granted by us if the Product is complete
with all its accessories, cables and manuals and is in an unused, brand new
condition in its original, undamaged, unopened packaging. Authorization to
return software Products will only be granted where the software is unopened
and sealed in its original, undamaged packaging.
12.4 Except where a
Product is a Defective Product, you will have no right to return a Product
which you have resold or used.
12.5 Where we have
authorized you to return a Product then the Product must be returned (at your
cost), marked with the returns authorization number, within 10 Business Days of
the date we send such authorization. You will remain liable for the Products until
they are received by us.
12.6 We will only
provide a credit note for Products returned under clause 12.5 if the following
conditions are complied with:
(a) the Products
returned are in their original inner and outer packaging and none of the packaging
shall have been written upon or been defaced or taped or had permanent labels
(b) the Products
returned are in otherwise satisfactory and pristine condition and may be
re-sold at the same market price
(c) in the case of
computer consumable Products, the outer seal has not been tampered with in any
way. If you return such product(s) as faulty, you will only be granted a credit
note if the manufacturer of such product(s) accepts that the product has not
been misused, over loaded, incorrectly installed or incorrectly stored. In
certain circumstances, a faulty product evaluation form, or other information
requested by the manufacturer will be required from you before a credit note
can be provided.
(d) Products must be
packed appropriately for transport and you will be responsible for any damage
to the Product or its packaging which occur in transit. Any damage during
transit may result in no credit note being provided.
(e) Where returned
Products are not in acceptable condition or do not conform to the requirements
for authorization (in each case decided solely in our discretion), you will be
notified and given 14 days to collect the Products from our premises. You will
be responsible for collecting the Products from us, and if after 14 days, the Products
have still not been collected then the goods will be disposed of. No credit
note will be issued, and we will accept no liability for products disposed of
in these circumstances.
12.7 We will refund
you for the amount paid in respect of a returned Product (excluding the
delivery charge) within 30 days of the last Business Day of the month following
the month in which the returned Product is received by us.
12.8 We reserve the
right to charge a 25% or £25 handling charge (whichever is greater) plus VAT on
any returned Products (excluding Defective Products found and marked defective
at the time of delivery). Any orders cancelled after the dispatch of the
product(s) by us will incur 25% Restocking Fee regardless of the order
cancellation reason including but not limited to late deliveries. Where we
exercise this right, we will deduct this handling charge from the amount
refunded to you.
12.9 Where we arrange
a collection of the returned product(s) from your premises and the courier
service is not able to collect it due to your absence/negligence, we reserve
the right to charge you up to £100 per missed collection.
12.10 No replacement
product(s) can/will be dispatched unless the original product being returned
has been returned to us in a satisfactory condition as per above
13.1 Subject to
clause 13.4, we will under no circumstances whatever be liable to
you, whether in contract, tort (including negligence), breach of statutory
duty, or otherwise, arising under or in connection with the Contract for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
13.2 Subject to clause 13.4, our total aggregate liability to
you in respect of all losses arising under or in connection with the Contract,
whether in contract, tort (including negligence), breach of statutory duty, or
otherwise, shall in no circumstances exceed the amount paid for the Products
plus any delivery charge paid.
13.3 Except as
expressly stated in these Terms, we do not give any representation, warranties
or undertakings in relation to the Products. Any representation, condition or
warranty which might be implied or incorporated into these Terms by statute,
common law or otherwise is excluded to the fullest extent permitted by law. In
particular, we will not be responsible for ensuring that the Products are
suitable for your (or your customers’) purposes.
13.4 Nothing in these Terms limits or excludes our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act
(d) any matter in
respect of which it would be unlawful for us to exclude or restrict liability.
14. FORCE MAJEURE
14.1 We shall not be
liable to you for any delay or failure in the performance of our obligations under
the Contract to the extent that such delay or failure results from
circumstances, acts or events beyond our reasonable control, including without
limitation, traffic, weather, war, terrorism, riots, civil unrest, fire, flood
or other acts of God, industrial action, strikes or lock-outs, failure or delay
of supplies of power, fuel, transport, equipment or other goods or services for
which a substitute is not available (Force Majeure Event).
14.2 If a Force
Majeure Event takes place that affects our ability to perform our obligations
under the Contract, we will contact you as soon as reasonably practicable and
our obligations under the Contract will be suspended and the time for
performance of our obligations will be extended for the duration of the Force
14.3 You may cancel a
Contract in respect of the Products delayed or not deliverable as a result of a
Force Majeure Event which has continued for more than 30 days. To cancel,
please contact us. If you opt to cancel, we will refund the price you have paid
for the Products affected by the Force Majeure Event, including any delivery
15.1 We may terminate the Contract immediately on written notice where
(a) are in material breach of the Contract and either such breach is
irremediable or, where such breach is capable of remedy, you have not remedied
such breach within 30 days of such notice. Any breach by you of
clause 9.6 shall be deemed to be material and incapable of remedy; or
(b) become subject to any of the events listed in clause15.2.
15.2 For the purposes of clause 15.1, the relevant events are:
(a) you suspend, or threaten to suspend, payment of your debts, or are
unable to pay your debts as they fall due or admit inability to pay your debts,
or (being a company or limited liability partnership) are deemed unable to pay
your debts within the meaning of section 123 of the Insolvency Act 1986, or
(being a sole trader) are deemed either unable to pay your debts or as having no
reasonable prospect of so doing, in either case, within the meaning of section
268 of the Insolvency Act 1986, or (being a partnership) have any partner to
whom any of the foregoing apply;
(b) you commence negotiations with all or any class of your creditors
with a view to rescheduling any of your debts, or make a proposal for or enter
into any compromise or arrangement with your creditors;
(c) (being a company) a petition is filed, a notice is given, a
resolution is passed, or an order is made, for or in connection with the
winding up of your company;
(d) (being a company) an application is made to court, or an order is
made, for the appointment of an administrator or if a notice of intention to
appoint an administrator is given or if an administrator is appointed over your
(e) (being a company) the holder of a qualifying floating charge over
your assets has become entitled to appoint or has appointed an administrative
(f) a person becomes entitled to appoint a receiver over your assets or
a receiver is appointed over your assets;
(g) (being an individual) you are the subject of a bankruptcy petition
(h) a creditor or encumbrance of your business attaches or takes
possession of, or a distress, execution, sequestration or other such process is
levied or enforced on or sued against, the whole or any part of your assets and
such attachment or process is not discharged within 14 days;
(i) any event occurs, or proceeding is taken, with respect to you in any
jurisdiction to which you are subject that has an effect equivalent or similar
to any of the events mentioned in this clause15.2(a)
to (f) (inclusive);
(j) you suspend, threaten to suspend, cease or threaten to cease to
carry on all or a substantial part of your business;
(k) your financial position deteriorates to such an extent that in our
opinion your capability to adequately fulfil your obligations under the
Contract has been placed in jeopardy; and
(l) (being an individual) you die or, by reason of illness or incapacity
(whether mental or physical), are incapable of managing your own affairs or
becomes a patient under any mental health legislation.
15.3 On termination (for whatever reason):
(a) any amount payable under the Contract, and any sums due under any
invoice then in existence under your account, shall become immediately payable;
(b) clauses 8, 9, 13 and 15.3(a), and any
other clauses which are expressly or by implication intended to come into force
upon, or remain in force following, the termination of the Contract, shall
survive termination and continue in force.
15.4 Termination of the Contract shall not affect any rights, remedies,
obligations or liabilities of either party that have accrued up to the date of
termination, including the right to claim damages in respect of any breach of
the agreement which existed at or before the date of termination.
16.1 We may amend these Terms from time to time.
16.2 Every time you order Products from us, the Terms in force at the
time of your order will apply to the Contract between you and us.
16.3 If we have to revise these Terms as they apply to your order, we
will contact you to give you reasonable advance notice of the changes and you
shall have the right to cancel your order up to 5 Business Days after we have
notified you of such changes. If you do not cancel your order within this time
period, we will treat the order as confirmed and the Terms as amended will
apply to your order.
17. GDPR STATEMENT
Under no circumstances we would ever collect or store any of your
financial information including credit card details, bank details or anything
else linked to your financial records. You are hereby made aware that we use
Secure third party payment engines Like Paypal, Stripe and Square etc. which
process the payments securely for us. If you are not happy with this
arrangement please do not proceed with the order and contact us immediately so
that a different payment method can be adopted.
Sometimes we work with EU based 3rd party suppliers
(distributors and resellers) for order fulfillment. By placing this order you
give us your express permission and wilful consent to share the following
details, hereby called Order Data, with these suppliers solely for the purposes
of order fulfilment and order tracking.
· First Name
· Last Name
· Address including
· Phone Number and/or
We would never share any financial data or cookies data with the
suppliers or any other party for that matter. We will also make a formal demand
to the suppliers in writing to delete your information from their system as
soon as the order has been fulfilled. We will also delete all your personal
information from our system as soon as the order is fulfilled. We would also
need to pass on your Order Data to courier companies to deliver the products.
If however, you are not happy for us to disclose Order Data to the 3rd party
suppliers please contact us to discuss or do not place this order with us. Once
the order has been placed we will accept no liability in this regard and we
will therefore be acting upon your direct instruction of being able to share
your Order Data with our suppliers.
Each notice or communication given in relation to the Contract shall be
in writing, addressed to that party at its registered office (if it is a
company) or its principal place of business (in any other case) or such other
address as that party may have specified to the other in writing from time to
time, and shall be delivered by hand, sent by pre-paid recorded delivery post,
fax or e-mail. A notice shall be deemed to have been received: if delivered by
hand, when left at the address referred to above; if sent by pre-paid recorded
delivery, on the second Business Day after posting; or, if sent by fax or
e-mail, one Business Day after transmission.
You shall not transfer, assign, sub-contract, mortgage, charge or deal
in any other manner with all of any of your rights under the Contract without
our prior written consent (such consent not to be unreasonably withheld or
A waiver of any right under the Contract is only effective if it is in
writing and signed by an authorized officer of the waiving party, and it
applies only to the circumstances for which it is given. Any failure by either
party to enforce at any time and for any period any of the terms of, or rights arising
pursuant to, the Contract shall not be a waiver of such terms or rights, or of
the right at any time subsequently to enforce all the terms of, and rights
arising under, the Contract.
If any part of the
Contract is found to be invalid, unenforceable or illegal it shall not affect
the other parts, which shall remain in full force and effect. If the Contract
would be wholly valid, enforceable and legal (and would still give effect to
the commercial intention of the parties) were that part deleted, that part
shall be deemed deleted.
17.5 Third Party Rights
Nothing in the
Contract shall confer any rights upon any person who is not a party to it,
whether under the Contract (Rights of Third Parties) Act 1999 or otherwise.
17.6 Governing Law
The Contract and any
dispute or claim arising out of or in connection with it or its subject matter
or formation shall be governed by and construed in accordance with the laws of
England and Wales. The parties irrevocably agree that the courts of England and
Wales shall have exclusive jurisdiction to settle any dispute or claim that
arises out of or in connection with the Contract or its subject matter or
formation, save that we may, at our discretion, elect to bring a claim in the
courts of any competent jurisdiction.
18. INFORMATION ABOUT US
18.1 We are eJobber
Limited, a company registered in England and Wales (company number 11350312)
registered at, and trading from, 40 Bloomsbury Way, Lower Ground Floor, London,
18.2 You may contact
us by telephoning our customer services team on 01908 915 603 or by e-mailing
us at [email protected] Please
note that we do not accept formal notices served under these Terms by email.
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