Terms
Once a product is sold, it is non-refundable but can be exchanged.
JMD ARTS provides products listed on jmdarts.in and in our stores under the following Terms and Conditions. We encourage you to read these Terms and Conditions, along with our Privacy and Cookie Policies, thoroughly before using any of our websites or placing an order with us.
These Terms and Conditions apply to your use of the jmdarts.in website and any products you purchase, regardless of your access method, including various technologies or devices available at home, on the go, or in-store. We reserve the right to modify these Terms and Conditions at any time. Any updates that affect your purchases will be communicated to you via email and posted on this page. The headings in these Terms are for convenience only and do not affect their interpretation. We recommend printing and retaining a copy of these Terms and Conditions for your records.
Definitions
- Contract: The agreement between us and you for the sale and supply of products.
- Cookies: Small text files placed by our websites on your computer’s hard drive to identify your computer and store session information on our website.
- Personal Information: Details you provide to us.
- Product(s): An item offered for sale by jmdarts.in.
- Product Description: Details of individual products, including any special conditions that apply.
- Special Conditions: Any terms and conditions beyond this document that apply to specific products.
- Terms and Conditions: These terms and conditions along with any special conditions applicable to individual products.
- Users: Refers to users of our websites collectively.
- We/Our/Us: Refers to jmdarts or any of our registered trading names.
- Website: Refers to users of our websites collectively.
- You/Your: Refers to you as a customer.
General Terms and Conditions of Sale
These General Terms and Conditions of Sale apply to any products you purchase from our stores and any orders placed through jmdarts.in. They apply regardless of how you access the website, including through any device we provide access to. You must read these terms carefully. When placing an order through the website, you will confirm that you have read, understood, and agree to the terms in full. If you do not agree, please do not order any product(s) through the website.
Placing Orders
To place an order, you can either create an account with us, log in with an existing PayPal or Amazon account, or use our Guest Checkout. If you choose to open an account with us, you will need to provide compulsory personal information.
You confirm that all personal information you provide to us is accurate, true to your knowledge, and kept up to date. You can update or correct your details by logging into your account at any time. When creating an account, you will be asked to set a password for secure access. You are responsible for keeping your password and account information confidential. We will not be liable for any loss or damage resulting from your failure to protect your personal information. If you suspect unauthorized use of your account, please contact us immediately. If we suspect fraudulent activity related to your account, we reserve the right to deny access or delete your account. Using Guest Checkout will result in us retaining your personal information to process your order. If you have an existing account, we will attempt to match your data; if not, we will keep your information for future orders.
Order Acceptance
Completing checkout online does not mean we accept your order. You will receive an email confirming that we are processing your order; acceptance occurs only when we take payment and confirm the dispatch of the product(s). We reserve the right to decline an order for any reason, including legal and regulatory issues, prior to dispatch. Our contract begins when you receive the order dispatch email and remains valid until the last day of your return right. If we cannot supply all ordered products, we will inform you via email and refund you for any unavailable items as soon as possible. If any aspect of an order cannot be fulfilled legally, we reserve the right to stop processing the order at any point, including post-dispatch or after notifying you that the order is being processed. In such cases, you acknowledge that jmdarts incurs no liability.
Delivery and Collection
Delivery:
- Delivery times and charges depend on the products ordered, your delivery address, and available services. Full delivery details can be found here.
- Delivery may take a minimum of 10 to a maximum of 30 days.
- Orders will be delivered to the address or store specified. If no one is available at the time of delivery, the courier will inform you whether your order has been placed in a designated safe location or returned to the depot/post office.
- Once products are delivered to your specified address, all risk of loss or damage transfers to you.
- We are not liable for any failure to deliver products as specified if delays are caused by circumstances beyond our control.
Collection from Store:
To collect your order from a store, please bring a printout of your order confirmation and photographic proof of identity. We will notify you when your order is ready for collection.
International Delivery:
- Due to customs, legal, and regulatory restrictions, we reserve the right to determine which products can be delivered to specific destinations.
- Jmdarts products are sold with delivery duty unpaid. As the recipient, you may need to pay import duties or customs fees upon delivery. Additional taxes or fees may apply based on local laws; please check these details before placing an international order.
- You are responsible for complying with any export controls or sanctions applicable to the products supplied to you.
- If free delivery is offered over a certain spending threshold, any returns that reduce the order below that threshold will result in the original delivery charge being applied, thereby adjusting the refund accordingly. Gift cards are excluded from this offer. The threshold is calculated after applying any promotions to the order.
Delays:
- We will strive to keep you informed of any delays in supplying your product(s) due to reasons beyond our control.
- We are not liable for any delay or failure in product delivery when originally specified.
- Changes to an Order:
- Any changes to your order must be communicated to us in writing (via email) before dispatch.
- Once your order has been dispatched, you cannot change your name or address.
- Changes to your order may affect delivery timelines and product availability, including potential price changes.
- Right to Cancel:
- As a consumer entering a contract with us online or by phone, you have the right to cancel your contract (under the Consumer Contracts Regulations 2013) up to 14 calendar days after receiving your ordered products. This right is separate from our goodwill policy and does not apply to items purchased in-store.
- Upon receiving your return, any paid delivery charge will be refunded based on standard delivery rates.
- Please note that the statutory right to cancel does not apply to lingerie or products with a hygiene seal if the seal has been removed, broken, or damaged.
- To exercise your cancellation right, you must inform us in writing within 14 calendar days of receiving the products.
- While the products are in your possession, please take reasonable care of them until returning them.
- Products should be returned promptly and no later than 14 days from the cancellation communication.
- Returns should be made with their original packaging.
- You are responsible for any diminished value of the products resulting from unnecessary handling beyond what is necessary to assess their characteristics and functionality. This charge will not exceed the original contract value.
- We will process your refund within 14 days of receiving the products.
- If products are delivered to a third party at your request, you may only exercise this cancellation right if you can return the goods to us.
In-Store and Website Purchases – Sale Items Policy:
- Our refund or exchange policy for sale items will be clearly communicated at the time of in-store purchase, including any applicable special conditions.
- For sale items bought online, if you change your mind within 14 days of receipt, we are happy to offer a refund or exchange.
Products Lost or Damaged in Transit:
- We are not responsible for loss or damage to products in transit that you return. We recommend using a recorded delivery service and keeping proof of postage.
- If returned products are lost or damaged in transit, we reserve the right to charge you or deduct from your refund any amount related to that loss or damage.
Returns to Store Exclusions:
- Certain products cannot be returned, exchanged, or refunded as notified at the time of purchase. For non-returnable items, please take your parcel to a post office and obtain proof of purchase.
- Unwanted products must be returned with all hangers, protective coverings, carriers, and original outer packaging.
Returns by Post:
- You can return your online order by post at your cost unless it falls under your statutory rights.
Damaged or Incorrectly Supplied Products:
- You are responsible for checking that all products received are correct. Any damage or error must be noted on the delivery documentation upon receipt.
- If you cannot inspect the items upon delivery, please inform us within a reasonable timeframe.
- After notifying us of any issues, return the products as soon as possible. We may offer replacements, and refunds will be made to the payment method used when placing your order, subject to our right to withhold amounts for damaged returns.
Statutory Rights:
- You have statutory rights in addition to our goodwill policy, including the right to receive products of satisfactory quality, fit for purpose, and matching any product descriptions provided.
- Within 30 days of delivery, you may request a refund if a product is not fit for purpose or as described.
- Within six months of delivery (after the initial 30 days), you are entitled to a repair or replacement for faulty products, or a refund if that is not feasible or does not resolve the issue.
- After six months, you maintain similar rights if you can prove that the fault existed at the time of delivery. For further information on statutory rights in the UK, contact your local Trading Standards Department or Citizen’s Advice Bureau.
Gift Cards and E-Gift Cards/Voucher Codes:
- Gift cards can be redeemed at jmdarts stores and online.
- e-Gift cards can only be redeemed online and may be used in conjunction with transactions exceeding the card’s value.
- They cannot be exchanged for cash or used to purchase another gift card or e-gift card.
- Only one gift card, e-gift card, or voucher code may be used per transaction.
- If a product purchased with a gift card is exchanged or refunded, any money owed will be returned to the card (a credit will be issued to your account if an e-gift card was used).
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- If a product purchased with a gift card is exchanged or refunded, any money owed will be returned to the card (a credit will be issued to your account if an e-gift card was used).
- If the entire balance is not spent, the remaining balance will be updated after each transaction (e-gift cards must be used in a single transaction).
- Gift cards and e-gift cards are valid for 12 months. Any remaining balance will be canceled upon expiry.
- They are treated as cash, and jmdarts will not accept liability for lost, stolen, or damaged cards.
- They cannot be returned unless they are unsatisfactory, which would fall under your statutory rights.
- Jmdarts reserves the right to amend the conditions of gift cards and e-gift cards at any time and to take necessary actions, including cancellation, if deemed appropriate. This does not affect your statutory rights.
- You are not required to return a physical gift card if you cancel the order.
Product Descriptions:
- We strive to ensure that prices on the website are accurate and that all items have fair descriptions.
- Orders will only be accepted if product descriptions and advertised prices are error-free.
- We attempt to display product colors accurately, but actual colors may vary based on your monitor. We cannot guarantee that the colors displayed on your monitor will match the delivered product.
- All items are subject to availability, and we will inform you as soon as possible if the products you ordered are not available.
Legal Compliance:
You will not use, sell, or supply any product(s) purchased from us unlawfully or for commercial gain. All images and content on our website are proprietary to jmdarts and cannot be used without permission. More information about our wholesale policy can be found here.
Liability:
By law, certain liabilities cannot be excluded in these terms and conditions, and nothing within them limits our liability for personal injury or death caused by our negligence or for fraud.
As a consumer, you have certain rights, including statutory rights related to faulty products or those that have not been accurately described. These terms do not affect those rights, and we will fulfill our obligations under these terms with reasonable care and skill.
We are only responsible for losses that are a natural, foreseeable consequence of breaching these terms.
We are not liable if we are prevented or delayed from complying with our obligations due to your actions or events beyond our control.
You should follow any advice we provide to maintain the products we supply, as we cannot accept liability for damage resulting from failure to follow such advice.
No Agency
You and JMD Art Gallery are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Our Website
Website Use
- By accessing, browsing, placing an order on, registering with, or using this website, you confirm that you have read, understood, and agreed to these conditions in full. If you do not agree, please do not use this website.
- Your use of this website is governed by all legal notices on the site, along with all applicable terms and conditions and our Privacy Policy and Cookie Policy.
- You may only use this website for lawful purposes and may not infringe on others’ rights or restrict their enjoyment of the site.
- Without prior written consent, you must not copy, reproduce, edit, communicate publicly, deep-link into, or distribute any web pages or materials from the website for purposes other than personal use.
- Content on this website may not be used for commercial purposes.
Rights Ownership
- All rights, including copyright and intellectual property rights associated with this website, belong to or are licensed to Jmdarts.
- Use of the website does not grant you any rights regarding our intellectual property or that of third parties.
- By submitting information (other than mandatory personal information for account registration), text, photos, graphics, or other content to the website, you confirm that you have the right to use the material and grant us the right to use it at our discretion, with or without attribution in any media.
- You agree to execute any necessary submissions to assign any rights to us and waive any moral rights you have concerning the website.
- Ownership of Submissions
- All comments, blog posts, product reviews, suggestions, questions, images, product ideas, and other submissions you provide to jmdarts will become and remain our property once submitted.
- You warrant that you own or have the right to use any submissions.
Social Networking Sites:
- These terms also govern submissions made on any jmdarts-related third-party website or page, such as Facebook, Twitter, or Instagram.
- We are not responsible for content posted on third-party social networking sites, which may not reflect the views of jmdarts or its employees.
- Intellectual Property Rights
- By disclosing any submissions, your agreement to these terms shall constitute an assignment of any intellectual property rights to jmdarts.
- Whenever you use a feature that allows you to upload to our site or make contact with other users, you must comply with the content standards set out in these terms.
- We do not endorse any third-party advertising on our pages of social networking sites.
Confidentiality
- Any material you upload to our website will be considered non-confidential, allowing us to use, copy, distribute, and disclose it to third parties.
- We may disclose your identity to any third party claiming that your posted material violates their intellectual property rights or right to privacy.
- We are not responsible for the content or accuracy of materials posted by any user of our website.
Rules for Submissions
- You must be at least 18 years old.
- Suppliers or manufacturers are not eligible to post submissions.
- You must be the author and owner of the intellectual property rights.
Submissions should not include:
- Offensive, abusive, or inappropriate language
- Blasphemy, discriminatory, racist, or sexually explicit content
- Comments about other users
- Criminal accusations or misleading statements
- Material impersonating others or personal information
- Advertisements or spam
- Third-party brand names or trademarks
- Computer script, HTML coding, or website URLs
- Availability, price, promotions, or alternative ordering/delivery information
- Information about our suppliers or manufacturers
- Unsupported claims about products
- References to unrelated products.
- Jmdarts reserves the right to not publish or remove submissions that do not comply with these terms.
- Further terms and conditions apply when making a submission. For immediate responses or comments about our service, please contact us directly.
Accuracy of Content
We disclaim all representations and warranties regarding the accuracy, completeness, and timeliness of the content displayed on this website to the fullest extent permitted by law.
Views expressed in user content are those of the users and do not represent the views of jmdarts.
Links to Other Websites
- We provide links to other websites we believe may be of interest. We do not vet these websites and have no control over their content.
- We cannot accept liability for the use of any linked websites.
Liability Exclusions
We exclude all representations and warranties to the fullest extent permitted by law.
We accept no liability for losses that are not reasonably foreseeable from these terms or your use of the website.
Other Legal Notices
Other legal notices may apply to your use of this website, which, together with these terms, govern your use.
Assignment and Third Party Rights
- We may update these terms periodically without notice, and any updates will be posted on the website.
- You may not assign or sub-contract any of your rights or obligations under these terms unless we agree in writing.
- Only you and we are entitled to enforce these terms; no third party can enforce them.
- Waiver
- No relaxation or delay in exercising any right or remedy under these terms shall operate as a waiver of that right or remedy.
- Any waiver must be agreed in writing.
Severability
- If any of these terms are found illegal or unenforceable, the rest shall remain in effect.
- Entire Agreement
- Matters arising from your use of this website shall be governed by the laws of England and Wales, and disputes will be subject to the exclusive jurisdiction of the courts there. All contracts will be concluded in English.
Changes to these Conditions
- We reserve the right to update these terms and conditions periodically. Please revisit this page to stay informed of the current terms.
- By continuing to use the website, you agree to any changes or updates.
- Privacy and Cookie Policies
- Our Privacy Policy and Cookie Policy explain what personal information we collect when you use the website. You can view these policies here. By agreeing to these terms, you also acknowledge that you have read and understood our Privacy Policy and Cookie Policy in full.