| Jumari.com Terms and Conditions |
Jumari.com is a trading name of MOSO Ltd whose trading address is Suite 20, John Buddle Work Village, Buddle Road, Newcastle upon Tyne, NE4 8AW and whose Registered Address is MOSO LTD, 96 WEST CHILTON TERRACE, CHILTON, FERRYHILL, DURHAM, DL17 0HJ registered in England (Company Number 06030517). By completeing a purchase with us either online or by any other means you agree to be bound by these terms and conditions. If you disagree you may not use the products or handset provided to you or access your chosen network. If there is anything you do not understand please feel free to contact us by email on info@jumari.com or phone 0191 226 7328. The following terms and conditions do not affect your statutory rights as a consumer.
Definitions
"Us/Our/We/jumari.com" means MOSO Ltd trading as jumari.com.
"You/Your" means you the customer.
"Goods" means the phone handset or other product provided
“Network” means the service provider
"Product Description" means the terms and conditions in respect of the individual Good or Service provided
“Service Agreement” means the agreement with the Service provider
"Services" means services provided by the chosen network
“Tariff Plan” means your selected Tariff Plan provided by the
Orders & Product Availability
By Submitting an order via the jumari.com web site or by phone You authorise jumari.com where applicable to act on your behalf to order selected products and tariffs from your chosen networks. This includes passing your credit card details, bank details and credit check information to the network providers Orange, T-Mobile, Vodafone, Three and O2 via our affiliate marketing channels. You agree to allow the aforementioned networks to carry out credit reference checks and anti fraud checks via a third party agency.
All orders are subject to acceptance and availability. If the Goods ordered are not in stock we will contact you within 2 working days and provide you with the opportunity to wait until stock becomes available giving you an indication of time delay or to cancel your order.
Prices are inclusive of VAT at the current rates and are correct at the time of entering information. However, We reserve the right to change prices without prior notice to you.
We will take all reasonable care, in so far as it is in Our power to do so, to keep the details of Your order and payment secure, but in the absence of negligence on Our part We are not liable for any loss You may suffer if a third party procures unauthorized access to any data You provide when accessing or ordering from this Website.
You warrant that the User Information which you are required to provide when you make an offer to buy Goods or Services is true, accurate, current and complete in all respects and agree not to impersonate any other person or entity or to use a false name or a name that you are not authorized to use.
It is important to note that information about our products does not amount to an offer by us to sell the products on that basis. Rather, it is an invitation to you to make us an offer to purchase that product on that basis, therefore references to orders placed by customers are deemed to be references to offers by such customers to purchase the relevant produce from us. Although we will endeavour to maintain to supply you with the item requested, sometimes we may be unable to fulfill an order. In this instance, you will be informed at the earliest opportunity. Any automated acknowledgement of your order, which you may receive from us, shall not amount to our acceptance of your offer to purchase Goods or Services
Each Good or Service purchased is sold subject to its Product Description which sets out additional specific terms and conditions related to that Good or Service including, without limitation, terms and conditions concerning estimated delivery times and any warranties.
The contract between You and Us will only be completed when We dispatch the Goods to You or commence the provision of the Services, as the case may be, or when We debit Your credit or debit card, whichever occurs last. The sale contract is therefore completed in Edinburgh, Scotland. We reserve the right to reject any offer to purchase made by you at any time.
Payment
Payment can be made by any major credit or debit card. Payment will be debited and cleared from your account before the dispatch of Your Goods or provision of the Service to you. You confirm that the credit/debit card that is being used is yours. All credit/debit cardholders are subject to validation checks and authorization by the card issuer and we may share your personal information with such third parties as are necessary to enable Us to do such checks. If the issuer of your payment card refuses to Authorize payment to us, we will not be liable for any delay or non-delivery.
Please note: Your credit/debit card statement may show the transaction as from MOSO Ltd.
Eligibility to Purchase
The purchase of Goods or Services is limited to parties that lawfully can enter into and form contracts on the Website under Scottish law and who are resident or incorporated in the United Kingdom. This means that if You are an individual, You must be 18 years or older to purchase any Goods or Services via the Website and by offering to purchase any Goods or Services You represent to us that You are 18 years of age or older. To register, you must provide your real name, phone number, e-mail address, credit card details and other requested information.
By making an offer to buy any Goods or Services, You specifically authorize Us to transmit information (including any updated information) or to obtain information about You from third parties from time to time, including but not limited to Your credit-card number or credit reports, to authenticate Your identity, to validate Your credit card, to obtain an initial credit card authorization and to authorize individual purchase transactions.
Right of Cancellation & Order Returns
If you are purchasing the Goods or Services for private use (i.e. as a consumer as opposed to for business use), You have the right to cancel any contract completed, you may cancel any purchase ordered by you at any time within 7 days of receipt (exceptions apply) of the Goods or Service without incurring any obligation or liability to us, however, you may not cancel any Service ordered from us once we have started to provide it to You with your agreement within 7 days of the dispatch of the Goods ("Cancellation Period").
If you do cancel a contract you must:
Notify us in writing to jumari.com, Suite 20, John Buddle Work Village, Buddle Road, Newcastle upon Tyne, NE4 8AW or by email to
info@jumari.com or by telephone on 0191 226 7328 or by fax on 0191 226 7329.
- retain possession of the Goods.
- take reasonable care of the Goods or Services until We collect the Goods from You, or You deliver the Goods to Us; and
- ensure that the Goods are returned or are made available for collection (as the case may be) in the same condition as it was when it was delivered to You, or collected by You (as the case may be). If the goods are not returned in the original form, we reserve the right to charge you Market Value of the handset, product or accessory.
If You do cancel a contract, then You must return the Goods to Us, during working hours Monday to Friday 9am to 5pm. Alternatively We may notify You of when We wish to collect the Goods. We will usually collect the Goods or Services within 21 days of Our receiving notification of cancellation. We have the right to charge You for any direct costs incurred in collecting the Goods and will, at Our option, deduct these from any sum owed to You. Royal Mail Recorded Delivery should be used only for returning accessories and goods below the value of £30.00 only. Special Delivery should be used for all mobile phones, PDAs and any items worth over £30.00.
If you do cancel a contract, we will refund the monies you have paid to us within 30 days of you giving us a cancellation notice.
Faulty Goods
Goods that You believe are faulty and still under warranty can be returned to Us for repair or replacement.
If you believe goods are faulty you must:
Either notify us in writing to jumari.com, Suite 20, John Buddle Work Village, Buddle Road, Newcastle upon Tyne, NE4 8AW or by email to
info@jumari.com or by telephone on 0845 257 1248 or by fax on 0845 257 1248.
- retain possession of the Goods.
- take reasonable care of the Goods or Services until We collect the Goods from You, or You deliver the Goods to Us or directly to our suppliers; and
- ensure that the Goods are returned or are made available for collection (as the case may be) in the same condition as it was when it was delivered to You, or collected by You (as the case may be). If the goods are not returned in the original form, we reserve the right to charge you Market Value of the handset, product or accessory.
We will normally arrange for faulty goods to be picked up from you. If you return goods to us and request a refund for costs incurred we will only cover up to the value as charged by our own courier company.
We will not accept goods as faulty if they have suffered physical abuse or accidental damage of any kind - including but not limited to liquid ingress, drop damage, lost components, incorrectly charged batteries, well published and documented known issues and software faults or bugs. If goods are found to have no fault or defect they will be returned to you and we reserve the right to charge you for any delivery costs incurred.
Goods that are found to be faulty and returned within 28 days can be replaced. Goods older than 28 days that are found to be faulty and still within warranty can be repaired free of charge or replaced at the discretion of jumari.com. All faulty goods must be returned to Us for inspection before a replacement can be dispatched or a repair can be carried out.
Personal Data
We will only use the information that we collect about you lawfully in accordance with the Data Protection Act 1998. The information we collect about you includes your name, address, phone number, email address, credit/debit card and bank account details. This information is necessary for us to process your order and provide you with the best possible service. 'Cookies' are used on this site only to keep track of the contents of your basket. jumari.com does not disclose customers' information to any third parties. We will not send emails to you unless you have given us your consent by registering with us on the Mailing List page of our website. Our emails always include an option to 'unsubscribe'. We do not collect sensitive information about you and the information we do hold will be accurate and up-to-date. You can contact us to check the information we hold about you and we will amend it accordingly if inaccuracies are found. The personal information we hold will be held securely in accordance with our internal security policy and the law.
Complaints
If you wish to make a complaint, please send Us a letter to Suite 20, John Buddle Work Village, Buddle Road, Newcastle upon Tyne, NE4 8AW; or an e-mail to this address info@jumari.com or phone 0191 226 7328. Your complaint will be acknowledged within 5 working days and we will keep you well informed about progres
Delivery
Delivery will be made within 7 working days to most Mainland UK addresses. Delivery to more remote areas of the UK may take slightly longer. jumari.com will endeavour to deliver to you within the specified time. However, there may be instances when we cannot deliver within this time. If we realise that we cannot deliver to you within that time, we shall alert you as soon as possible to try to arrange another suitable time for delivery.
VAT
All prices shown are inclusive of VAT and in certain instances an Ex. VAT price is displayed. All orders will have VAT applied to final costs.
Website Images
We make every effort to ensure that images displayed on our website are as accurate as possible but cannot guarantee an exact match to the product as displayed on your screen.
Product Specification
While every care is taken regarding the accuracy of product descriptions and specifications all product information and technical specifications contained in jumari.com are for guidance only, no responsibility can be taken for errors or omissions.
Data Protection
jumari.com conforms to the UK Data Protection Act. Any information you provide is treated in strict confidence and is stored in a secure location. Customer details will not be disclosed in any way to any persons outwith jumari.com. If you do not wish to receive promotional material from us, please register that with us immediately by e-mail. View our Privacy Policy.
Termination
jumari.com reserves the right to abort access of our Internet services if your behaviour is found to be discordant with these terms and conditions at any time.
Intellectual Property
No permission is given by jumari.com in respect of the reproduction or use for injurious or commercial purposes of any brand names, product names, designs and any other material shown on the jumari.com Website in which intellectual property rights subsist. ALL RIGHTS RESERVED.
Limitation of Liability
While we will use reasonable endeavors to verify the accuracy of any information we place on the Website/brochures/telemarketing, We make no warranties, whether express or implied in relation to its accuracy.
We make no warranties of any kind, whether express or implied, in relation to any transaction that may be conducted with LetsCall including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Goods and Services including but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose.
Notwithstanding any other provision in the Conditions, nothing herein shall limit your rights as a consumer under English law.
The information provided to you in connection with the Goods and Services is provided by the suppliers of such Goods and Services and you acknowledge that we do not verify the accuracy of such information. We therefore exclude all liability of any kind (including but not limited to defamation, breach of confidence, intellectual property right infringements, invasion of privacy and negligence) for the transmission or reception of such information of whatever nature to you.
You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of the Website and any information provided to or taken from the Website by You.
We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise arising out of or in connection with these Conditions for:
- any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
- any loss of goodwill or reputation; or
- any loss which was not brought to the attention of LetsCall at the time the contract was made or any loss that would be an unforeseeable consequence of a breach of the contract by jumari.com;
- in any case whether or not such losses were within the contemplation of either of Us at the date on which the event giving rise to the loss occurred, was suffered or incurred by one of Us arising out of or in connection with the provisions of any matter under these Conditions.
Nothing in the Conditions shall exclude or limit Our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
Severability
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
Entire Agreement
These Conditions (as amended from time to time) contain the entire agreement between You and Us relating to the subject matter covered and supersedes any previous agreements, arrangements, undertakings, representations or proposals, written or oral, between You and Us in relation to such matters. You confirm that You have read these conditions and, You fully understand them and You also agree that these conditions are the only terms (together with Your Service Agreement) that rule Your relationship with us.
Law
The Conditions shall be governed by and construed in accordance with the laws of Scotland and you irrevocably submit to the exclusive jurisdiction of the courts of Scotland.
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