Terms and Conditions
Who we are
We are Jay-Be Limited, our registered office address is Dewsbury Mills, Thornhill Road, Dewsbury, West Yorkshire, WF12 9QE and our registration number is 6636595.
How to contact us?
If you would like to get in touch, you can by:
Tel: +44(0)1924 666633
E-Mail: service@jaybe.com
The terms
These are the terms that apply to the sale of any product that we sell. Unless we say otherwise, they apply whether you are a company (business) or a person (individual). If we say at any time that something must be in writing, this includes letters and emails.
1. Our Products
- 1.1 The images on our website are for illustrative purposes only. We make every effort to give a true representation of our products the images represent the product's true appearance at the time the image was created.
- 1.2 Please note however that we continually strive for improvement, so sometimes we make minor changes to our products for various reasons (including continuity of supply, improved sustainability, and others), and these changes may slightly alter their appearance. There can be a delay in updating the images on our website or our partner's websites but please be assured that any changes we have made will have been to improve or maintain the original quality.
2. How to place an order and how we will accept your order
- 2.1 Business customers can place an order via a pre-agreed method.
- 2.2 Individual customers can only place an order online via our website and you must be over 18 years old.
- 2.3 Orders must be in writing. We do not accept verbal orders.
- 2.4 You will know when we have accepted your order because you will receive a purchase order confirmation. This confirmation is your proof that there is a contract between us.
- 2.5 When we confirm your order you will be given an order number. You can quote this when you need to contact us.
- 2.6 Sometimes, for various reasons, we might be unable to accept your order. If this happens, you will be notified and will not be charged, and we will pay back any money that you have already paid.
3. How to change your order
- 3.1 If you want to change your order before we have delivered your product/s, we will do our best to help.
4. When will you receive your items?
- 4.1 We aim to deliver as soon as we possibly can. For Individual customers we generally provide a next working day delivery service on our standard catalogue products, but the actual delivery date will be given to you at the time you place your order. Please ensure you check this before you order, especially if the delivery date is critical. For Business customers, please check our current delivery lead time at the point you place your order.
- 4.2 Sometimes things can happen that delay your delivery which are outside our control. If we are aware of the delay, we will contact you as soon as we can to let you know. Be assured that the product will still be on its way unless we have contacted you to inform you otherwise.
- 4.3 If you order more than one item from us, we may have to split deliveries.
- 4.4 If you are an individual customer and you are not in to accept a delivery, we will either leave your order in a safe place or attempt to redeliver at another time. If we are unable to deliver and we are unable to contact you, and you don’t contact us, then we may treat our contract as being at an end and paragraph 9 will apply. Note that this does not apply to our business customers.
- 4.5 If you are a business customer and you fail to accept delivery of the product/s on the day we notified you they would be delivered, then we may charge you any reasonable storage costs and additional transport costs to cover our additional expenses.
- 4.6 For individual customers, we do deliver outside the Mainland United Kingdom, but additional charges may apply.
- 4.7 For business customers, we do deliver outside the United Kingdom. However, your order may be subject to import duties and taxes which are applied when your order reaches the country we are delivering to (or from any countries the item/s may pass through along the way). We cannot predict these charges, do not have any control over them, and you are responsible for paying them in full. Also, you are solely responsible for ensuring that you comply with all applicable laws and regulations of the country to which the items are delivered. We will not be responsible if you break any such law or regulation.
5. When will you be responsible for the items?
- 5.1 You are responsible for the item/s from the time that we deliver them to you. However, until payment is made in full, we retain ownership of the items.
- 5.2 If you don’t pay us when you are supposed to, we retain the right to collect the items and charge you for any cost incurred and end the contract between us. Paragraph 9 will then apply.
6. Your right to change your mind, cancel, return the product/s and refund.
For individual customers only: This does not apply to our business customers.
- 6.1 Under the law of the land, you have 14 days to decide whether you want to keep a product, which starts after the day that you receive it. If the products you have ordered have been split into several deliveries, over different days, the 14-day period starts on a product-by-product basis, from the day you receive each specific product.
- 6.2 During the time that you are making the decision, you must not use the product/s. If you do so, then you will lose this right.
- 6.3 If you decide that you want to return the product/s, you need to let us know within the 14-day period.
- 6.4 If you decide to return the product/s and require us to collect them, we may charge you for the cost of the collection. To receive a refund, products must be returned to us in their original packaging and unused.
- 6.5 Once we have the product/s back, we will refund you as soon as possible. However, if, after we have received the product/s, we find that they have been damaged or used then we will not issue a refund.
- 6.6 Please note that this right to change your mind does not apply to pillows or bedlinen which is sealed for health protection or hygiene purposes once these have been unsealed after you receive them.
For business customers only: Please contact us for our current Retailer Returns & Cancellations Policy.
7. What if there is something wrong with your order?
For individual customers only:
- 7.1 You should examine your product/s as soon as you receive them. In the unlikely event that you find the product/s we have supplied to you are faulty or are not as we described them to be, then please contact us within 14 days of receiving the product/s. We will do our best to help.
- 7.2 All of our products carry a Guarantee. For details of that guarantee see here. Our guarantees are more generous than your legal rights. Therefore, if you have any queries, we will try our best to resolve them with you.
- 7.3 We are obliged to tell you that nothing in these terms affects your statutory legal rights.
8. Product conformance and legal standards.
For business customers only:
- 8.1 Please note that all our products comply with the laws, regulations, and standards applicable in the United Kingdom. Additionally, some of our products satisfy laws, regulations, standards, and requirements for countries outside the United Kingdom and we state this where applicable. However, we do not warrant to you that the items we supply will comply with the laws, regulations, standards, or requirements in the country which you are intending to resell them, and it is your responsibility to ensure the products comply with the laws, regulations, standards, or requirements of any country you are selling them in/to outside the United Kingdom.
- 8.2 We warrant that upon delivery and for the period of the specific product/s guarantee Contract Product Guarantee / Domestic Product Guarantee, the product/s that we supply will:
- (8.2.1) conform in all material respects with their description.
- (8.2.2) be free from material defects in design, material, and workmanship.
- (8.2.3) be fit for any purpose we advertise the product/s as being for.
- 8.3 If you give us notice in writing within 14 days that some or all of the products do not comply with our warranty in paragraph (8.2) above;
- (8.3.1) you will give us a reasonable opportunity to examine the alleged defective item/s; and
- (8.3.2) if we ask you to do so, you will return the said product/s to us at our cost; Then we will, at our discretion, either repair or replace the product/s that are defective or refund the price you paid for them.
- 8.4 Note that we are not liable for any breach of the warranty in paragraph (8.2) above if:
- (8.4.1) you make any use of the product/s after you have notified us that they are defective;
- (8.4.2) you alter or attempt to repair the item/s without our written consent;
- (8.4.3) the defect arises because of fair wear and tear, wilful damage, negligence, or abnormal storage conditions; or
- (8.4.4) the product/s differ from their description or specification because of any changes we have had to make to them to comply with any applicable law or regulations.
9. When we can end the contract.
- 9.1 If you break the contract, we can end it. This could be if you don’t pay us for the product/s when you should or if you don’t, within a reasonable time, allow us to deliver the product/s you have ordered to you.
- 9.2 If this happens, we will inform you in writing and we are entitled to charge you (or deduct from any money you have paid us) reasonable compensation for the net costs we will incur as a result of your breaking the contract.
- 9.3 If you are a business customer, we can end the contract immediately if you become, or you take any step (or someone else takes the steps) to enter into administration, liquidation, bankruptcy, winding up, or an arrangement with your creditors.
- 9.4 If you are a business customer, the termination of the contract with you will not affect your or our rights or remedies that have arisen prior to or at the time of termination. Any paragraph in these terms that either expressly or by implication is intended to continue in force after termination shall remain in force.
10. Price and payment.
- 10.1 You will be told the cost of delivery when you place your order and this will be added to the amount you have to pay.
- 10.2 The price of our items is the price shown on our website when you place the order.
- 10.3 The prices include VAT. If the rate of VAT goes up between the date you order any product, and the date you make payment, then you will have to pay the difference and if it goes down, we will reimburse you the difference.
- 10.4 We accept payment with Visa, Mastercard, American Express, Maestro and PayPal. You have to pay us for the product(s) you order, VAT and delivery costs at the time that you place your order. If you are a business customer, then you can also pay by bank transfer if we agree and, if so, we will provide you with our bank details. We may also agree credit terms separately with our business customers.
- 10.5 Despite the fact that we always try our best to ensure that the prices on our website are correct, it is sometimes possible that they may not be. If the price should be lower, we will charge the lower price and reimburse you as soon as possible. If the price should be higher, we will let you know, not accept your order, and pay back your money as soon as possible.
- 10.6 If you do not make any payment to us when you should, then we will charge interest to you on the overdue amount at the rate of 0.15% per day accumulative. This interest shall accrue daily from the date payment was due until we receive payment in full. You must pay us interest together with any overdue amount.
11. Our responsibility for loss or damage suffered by you.
- 11.1 We do not exclude or limit in any way our liability to you for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors, for fraud or fraudulent misrepresentation; or for defective items under the Consumer Protection Act 1987.
For individual customers only:
- 11.2 Whilst we are confident that you will be happy with your purchase, we will accept responsibility to you for any loss or damage that is caused by us as a result of any breach of the contract by us, or if a product you buy from us is faulty, provided that this is foreseeable (which means either, it was obvious that it would happen, or if at the time you placed your order, both we and you knew it might happen, for example, if you discussed it with us beforehand).
- 11.3 We only supply products to individuals for their domestic and personal use. If you use them for any commercial, business, or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
For business customers only:
- 11.4 Subject to paragraph (11.1) above, we will not be liable in any circumstances (whether in contract, tort (including negligence), breach of any statutory duty, or otherwise arising under any contract with you) for:
- (11.4.1) any loss of profits, sales, business or revenue;
- (11.4.2) loss of business opportunity;
- (11.4.3) loss of anticipated savings;
- (11.4.4) loss of goodwill; and
- (11.4.5) any direct or consequential loss.
- (11.5) Subject to paragraph (11.1) above, our total liability to you for all losses arising under or in connection with any contract with you (whether in contract, tort (including negligence), or for breach of any statutory duty) will in no circumstances exceed the price of the items ordered under that contract.
- (11.6) We do not give you any representations, warranties, or undertakings in relation to the products. Any representation, condition, or warranty that might be implied or incorporated into the contract under statute or common law is excluded to the fullest extent permitted. We will not be responsible for ensuring that any items are suitable for your purposes.
12. How we may use your personal information.
We will only use your personal information as set out in our Privacy Policy and Cookie Policy. Please take time to read these policies, as they include important information which applies to you.
13. Transferring our rights and your rights.
- 13.1 We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
- 13.2 You can always transfer any guarantee we give with our products to someone who give the product to, although we may ask for reasonable evidence that they are the new owner. Otherwise, you may only transfer your rights or your obligations to another person if we agree to this in writing.
14. Does anyone else have any rights?
Except for someone you pass any guarantee to, nobody else has any rights under the contract which is only between you and us.
15. General other contract terms which apply.
- 15.1 If a court finds any part of these terms to be invalid, the rest of the terms will continue in force. Each of the sentences and paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining sentences and paragraphs will remain in full force and effect.
- 15.1 Even if we delay in enforcing the contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of you breaking the contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
- 15.2 For business customers only, please be aware and note that these terms constitute the entire agreement between us and you and you acknowledge that you have not relied upon any statement, promise, assurance, representation or warranty that is not set out in these terms.
- 15.3 These terms are governed by English law and you and we can bring legal proceedings in respect of the products in the English courts. However, if you are an individual and live outside England or Wales you can, if you wish, bring legal proceedings in the court of any country you live in.