TERMS AND CONDITIONS

  1. These terms

    1. What these terms cover. These are the terms and conditions on which we supply our products (“Products”), as listed on our online shop (https://www.jbdataengineering.co.uk/shop) (our “Website”) to you.
       

    2. What these terms do not cover. These terms do not cover any supply of our on-track or off-track support services. The terms and conditions on which we supply these services to customers can be provided upon request.
       

    3. Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide Products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
       

    4. Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:

  • You are an individual.

  • You are buying Products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
     

    1. If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase of any Products. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these terms.
       

  1. Information about us and how to contact us

    1. Who we are. We are Jordan Bird, trading as JB Data Engineering, a sole trader established in England and Wales (“we”, “our”, or “us”). Our address is 4 Church Lane, Southery, Downham Market, Norfolk PE38 0NE.

    2. How to contact us. You can contact us by telephoning our customer service team at 07717 562169, by writing to us at jordan@jbdataengineering.co.uk, or by completing our enquiry form at https://www.jbdataengineering.co.uk/contact.

    3. How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

    4. "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails but does not include fax.
       

  2. Our contract with you

    1. How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us. We will also issue a VAT invoice to you by email, at the same time as your order confirmation email.

    2. If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the Products. This might be because the Product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the Product or because we are unable to meet a delivery deadline you have specified.

    3. We may deliver outside of the UK. Our Website is primarily designed for the promotion of our Products in the UK. We may accept orders from addresses outside the UK, but this shall be subject at all times to our sole discretion. If you wish to place an order to an address outside of the UK, please contact us by email to jordan@jbdataengineering.co.uk, or by telephone on 07717 562169. Any confirmation that we are willing to deliver to your address outside of the UK shall not constitute an acceptance of any order, and any contract between you and us shall come into existence once we issue you with an order confirmation email in accordance with clause 3.1.
       

  3. Our products

    1. Products may vary slightly from their description. We take every care to ensure that the description, images and specification of our Products are correctly published on our Website from time to time. However, such specifications, images and descriptions of Products on our Website are not intended to be binding and are intended only to give a general description and illustration of the Products.

    2. The images of the Products on our Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the Products. Your Product may vary slightly from those images.
       

  4. Our rights to make changes

    1. Minor changes. We have the right to revise and amend these terms from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements, and changes to our operating systems. We also may change the Products to reflect changes in relevant laws and regulatory requirements and to implement minor technical adjustments and improvements. These changes will not adversely affect your use of the Products you order.

    2. More significant changes to the Products and these terms. In addition, we may make more significant and material changes to these terms or the Products you order, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any Products paid for but not received.
       

  5. Providing the products

    1. Delivery costs. The costs of delivery will be as displayed to you on our Website. You must pay all costs of delivery before we will dispatch the Products you have ordered to you.

    2. When we will provide the Products. Subject to our delivery costs having been paid in full (see clause 6.1), we aim to deliver our Products to the address you have provided within 3 working days of having accepted your order, and in any event within 30 days after the day on which we accept your order.

    3. Time not the essence of the Contract. The exact delivery date for your Products may vary depending on the delivery location you specified in your order, and what Products you have ordered. Any delivery date provided by us during the order process shall be an estimate only, and shall not be binding upon us. Subject to the 30 day limit for delivery as set out in clause 6.2, the time and date for delivery of your Products shall not be the essence of any contract between you and us.

    4. We are not responsible for delays outside our control. If our supply of the Products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Products you have paid for but not received.

    5. If you are not available when the Products are delivered. If no one is available at the delivery address to take delivery and the Products cannot be posted through a letterbox, we will leave you a note informing you of how to rearrange delivery.

    6. If you do not re-arrange delivery. If after a failed delivery to you, you do not re-arrange delivery, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery, we may end the contract and clause 9.2 will apply.

    7. When you become responsible for the Products. The Products which you order will be your responsibility from the time we deliver the Products to the address you gave us in your order.

    8. When you own the Products. You own the Products once we have received payment in full, including all applicable delivery charges.

    9. What will happen if you do not give required information to us. We may need certain information from you so that we can supply the Products to you, for example, your name, address, information to assist with the delivery of the Products at your address, and payment information. If you do not give us this information, or if you give us incomplete or incorrect information, we may either end the contract (and clause 9.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Products late or not supplying any part of them if this is caused by you not giving us the information we need.
       

  6. Your rights to end the contract

    1. Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at 7.1.1 to 7.1.5 below the contract will end immediately and we will refund you in full for any Products which have not been provided and you may also be entitled to compensation. The reasons are:

      1. we have told you about an upcoming change to a Product or these terms which you do not agree to (see clause 5.2);

      2. we have told you about an error in the price or description of a Product you have ordered and you do not wish to proceed;

      3. there is a risk that supply of the Products may be significantly delayed because of events outside our control (see clause 6.4); or

      4. you have a legal right to end the contract because of something we have done wrong.
         

    2. Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
       

    3. When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of:

      1. Products which have been used by you, and cannot be returned to us in a condition which would allow us to re-sell the Product at a later date; or

      2. any Products which become mixed inseparably with other items (be that our Products, products from third parties, or items owned by you) after their delivery.
         

    4. How long do consumers have to change their minds? If you are a consumer, you have 14 days after the day you (or someone you nominate) receives the Products, unless:

      1. your Products are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery; or

      2. your Products are for regular delivery over a set period. In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the Products.
         

    5. Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you are not a consumer who has a right to change their mind, you can still end the contract before it is completed, but you may have to pay us compensation. A contract is completed when the Products are delivered and paid for. If you want to end a contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for Products not provided but we may deduct from that refund reasonable compensation for the net costs we will incur as a result of your ending the contract.
       

  7. How to end the contract with us (including if you are a consumer who has changed their mind)

    1. Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:

      1. Phone or email. Call customer services on 07717 562169 or email us at jordan@jbdataengineering.co.uk. Please provide your name, home address, details of the order, your phone number and email address.

      2. Online. Complete the form found at: https://www.jbdataengineering.co.uk/contact on our Website.

      3. By post. Simply write to us at JB Data Engineering Limited, 4 Church Lane, Southery, Downham Market, Norfolk PE38 0NE, including details of what you bought, when you ordered or received it and your name and address.
         

    2. Returning Products after ending the contract. If you end the contract for any reason after Products have been dispatched to you or you have received them, you must return them to us. You must either post them back to us at JB Data Engineering Limited, 4 Church Lane, Southery, Downham Market, Norfolk PE38 0NE or (if they are not suitable for posting) allow us to collect them from you. Please call customer services on 07717 562169 or email us at Jordan@jbdataengineering.co.uk for a return label or to arrange collection. If you are a consumer exercising your right to change your mind you must send off the Products within 14 days of telling us you wish to end the contract.
       

    3. When we will pay the costs of return. We will pay the costs of return:

      1. if the Products are faulty or misdescribed; or

      2. if you are ending the contract because we have told you of an upcoming change to the Product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
         

In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.

  1. What we charge for collection. If you are responsible for the costs of return and we are collecting the Products from you, we will charge you the direct cost to us of collection.
     

  2. How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the Products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

  3. When we may make deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind:

    1. We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Products, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the Products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.

    2. The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.
       

  4. When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then:

    1. If we have not offered to collect the Products from you, your refund will be made within 14 days from the day on which we receive the Products back from you or, if earlier, the day on which you provide us with evidence that you have sent the Products back to us. For information about how to return a Product to us, see clause 8.2.

    2. In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
       

  1. Our rights to end the contract

    1. We may end the contract if you break it. We may end the contract for a Product at any time by writing to you if:

      1. you do not provide us with information that is necessary for us to provide the Products;

      2. you do not, within a reasonable time, allow us to deliver the Products to you.
         

    2. You must compensate us if you break the contract. If we end the contract in the situations set out in clause 9.1 we will refund any money you have paid in advance for Products we have not provided but we may deduct or charge you for the net costs we will incur as a result of your breaking the contract.
       

    3. We may withdraw a Product. We may write to you to let you know that we are going to stop providing a Product prior to it being dispatched to you. We will let you know as soon as possible in advance of our stopping the supply of the Product and will refund any sums you have paid in advance for Products which will not be provided.
       

  2. If there is a problem with the product

    1. How to tell us about problems. If you have any questions or complaints about a Product, please contact us. You can telephone our customer service team at 07717 562169 or write to us  at jordan@jbengineering.co.uk or JB Data Engineering Limited, 4 Church Lane, Southery, Downham Market, Norfolk PE38 0NE.
       

    2. Your obligation to return rejected Products as a Consumer. If you are a consumer we are under a legal duty to supply Products that are in conformity with this contract. If you wish to exercise your legal rights to reject Products you must post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on 07717 562169 or email us at jordan@jbengineering.co.uk for a return label or to arrange collection.
       

  3. Your rights in respect of defective products if you are a business

    1. If you are a business customer we warrant that on delivery any Products shall:

      1. conform in all material respects with their description;

      2. be free from material defects in design, material and workmanship;

      3. be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and

      4. be fit for any purpose held out by us.

    2. Subject to clause 11.3, if:

      1. you give us notice in writing within a reasonable time of discovery that a Product does not comply with the warranty set out in clause 11.1;

      2. we are given a reasonable opportunity of examining such a Product; and

      3. you return such Product to us at our cost,
         

we shall, at our option, repair or replace the defective Product, or refund the price of the defective Product in full. We reserve the right to instruct the manufacturer of any of our Products, or any suitably qualified third party approved by that manufacturer, to provide you with a replacement for the defective Product(s), or to repair the defective Product(s) directly in place of us. Any provision of a replacement or a repair of the Products will amount to satisfaction in full of our obligations under this clause 11.2, subject to the fact that any request made by us to any manufacturer or third party shall at no point be detrimental to your rights under this clause 11.2 or these terms as a whole.
 

  1. We will not be liable for a Product's failure to comply with the warranty in clause 11.1 if:

    1. you make any further use of such Product after giving a notice in accordance with clause 11.2.1;

    2. the defect arises because you, or any third party you instruct, failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Product or (if there are none) good trade practice;

    3. you alter or repair the Product without our written consent; or

    4. the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
       

  2. Except as provided in this clause 11, we shall have no liability to you in respect of a Product's failure to comply with the warranty set out in clause 11.1. We will use our reasonable endeavours to pass on the benefit of any manufacturer’s warranty in respect of the Products, however we make no guarantee in this regard.
     

  3. These terms shall apply to any repaired or replacement Products supplied by us under clause 11.2.
     

  1. Price and payment

    1. Where to find the price for the Product. The price of the Product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the Product advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the Product you order.
       

    2. What happens if we got the price wrong. It is always possible that, despite taking all reasonable care, some of the Products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any Products provided to you.
       

    3. When you must pay and how you must pay. We accept payment by credit or debit card (from the providers listed on our Website from time to time), PayPal, or by Stripe payments. You must pay for the Products in full (including any applicable delivery charges) before we dispatch them. We will not charge your chosen payment method until we dispatch the Products to you.
       

    4. Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
       

  2. Our responsibility for loss or damage suffered by you if you are a consumer

    1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
       

    2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Products, including the right to receive Products which are: as described and match information we provided to you; of satisfactory quality; supplied with reasonable skill and care; and for defective Products under the Consumer Protection Act 1987.
       

    3. We make no guarantee to the suitability of a Product. We make no warranty or guarantee as to the suitability of the Products you order in respect of the purposes for which you intend to use them. We make no guarantee, provide no warranty, and shall not be liable to you in respect of the suitability of any Product, save for:

      1. where it would be unlawful for us to exclude such liability in accordance with clause 13.2;

      2. that the Products supplied to you shall be fit for the purposes for which they were advertised, on the day on which they are delivered to you by us; or

      3. as is expressly stated in these terms and conditions, to the extent that they apply to consumers.
         

    4. We are not liable for business losses. If you are a consumer we only supply the Products for to you for domestic and private use. If you use the Products for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 14.
       

  3. Our responsibility for loss or damage suffered by you if you are a business

    1. Nothing in these terms shall limit or exclude our liability for:

      1. death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);

      2. fraud or fraudulent misrepresentation; or

      3. any matter in respect of which it would be unlawful for us to exclude or restrict liability.

    2. Except to the extent expressly stated in clause 11.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.

    3. Subject to clause 14.1:

      1. we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and

      2. our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for Products under such contract.
         

  4. How we may use your personal information

We will only use your personal information as set out in our Privacy Policy, which can be found here: [LINK TO PRIVACY POLICY].

  1. Other important terms

    1. We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 7 days of us telling you about it and we will refund you any payments you have made in advance for Products not provided.
       

    2. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
       

    3. Nobody else has any rights under this. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
       

    4. If a court finds part of this contract illegal, the rest will continue in force. Each of the clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
       

    5. Even if we delay in enforcing this 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 your breaking this 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. For example, if you miss a payment and we do not chase you but we nevertheless provide a Product to you, we can still require you to make the payment at a later date.
       

    6. Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the Products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Products in either the Northern Irish or the English courts.
       

    7. Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.