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JOY TO BREATHE

Terms & Conditions

Use of this Website

By using this Website and/or placing an Order, you agree to these Terms and Conditions set out below. If you do not agree to these Terms and Conditions, you may not use or access this Website and/or place an Order.

 

Consumer Terms and Conditions of Sale

These Terms and Conditions relate to sales made by JOY TO BREATHE and you, the Consumer. They describe what we promise to you and what you can expect by way of delivery, warranty, cancellation and other related matters.

All Orders made by Consumers are subject to these Terms and Conditions which comprise terms and conditions of sale. No other Terms and Conditions apply to this Contract.

Our Contact Details:

JOY TO BREATHE

2 Wellington Terrace,
Islip
Kettering
Northants
NN14 3LJ

Definitions and Explanations

“Contract” means this Agreement, which contains the promises made between JOY TO BREATHE and you, the Consumer, in relation to buying our Goods.

“Consumer” means a natural person who is not acting in the course of their business or as a trader.

“Goods” are as described in your Order.

“In Writing” means by post, by FAX or by email.

“Order” means an offer by you to buy products sold by JOY TO BREATHE. You place this Order when you select the confirm order button at the end of the checkout process. All Orders are subject to acceptance by JOY TO BREATHE. The Order describes the Goods you wish to buy, states the price and the method by which you wish to pay, and provides details about where you would like the Goods to be delivered. By placing an Order, you indicate your acceptance of these Terms and Conditions which are part of the Contract.

“Order Acknowledgement” is a notice issued by JOY TO BREATHE when we receive your Order.

“Order Confirmation” is a notice issued by JOY TO BREATHE when we accept your offer. Order Confirmation will take place when we despatch to you the Goods that you have ordered and for which we have received payment in full.

“Order Rejection” is a notice issued by JOY TO BREATHE if we do not accept your Order. You may be issued an Order Rejection if we are not able to meet the requirements of your Order for whatever reason or we have been unable to verify the means by which you wish to pay or we have identified a pricing or product description error.

“This Website” means the web pages accessible by you and originating from www.joytobreathe.co.uk.

Buying from JOY TO BREATHE

An Order made by you is treated as an offer, which is accepted if we issue an Order Confirmation.

When you place your Order, you will be given the opportunity to check that the details you have entered are correct and, if you need to make a change, you will be given instructions on how to amend your Order before submitting it to us.

JOY TO BREATHE will provide you with an Order Acknowledgement as soon as is reasonably possible.

This Contract between us will not exist until we issue an Order Confirmation or provide you with the Goods you have ordered, whichever is first unless we have sent you an Order Rejection, or you have cancelled the Order in accordance with the instructions for changing or cancelling orders.

Currently, JOY TO BREATHE will only consider Orders originating from and for delivery to the United Kingdom, the Isle of Man and the Channel Islands.

What JOY TO BREATHE will do

JOY TO BREATHE will, upon confirming your payment in full, make reasonable efforts to deliver the Goods within 5 – 7 days from the day we receive your Order.

We will do our best to comply with our estimated dispatch and delivery dates stated in your Order Confirmation. If, for some reason, we cannot meet those estimates, we will give you reasonable notice of the delay and advise you of alternatives if appropriate. If we cannot supply you with the Goods within this time, we will let you know and offer reimbursement of any sum paid by you unless you let us know in Writing that you would prefer to wait.

JOY TO BREATHE may offer you an alternative which you may accept in place of the Goods. If, upon receipt of the alternative, you find that you do not want it, you may return the alternative, unused and in its original unmarked packaging, to JOY TO BREATHE at the address above. JOY TO BREATHE will meet the reasonable costs of the return of this unused alternative.

Title and Risk

Title to the Goods and the risk of loss and damage to the Goods passes to you at the moment that the Goods are dispatched by us.

Payment

JOY TO BREATHE requires that you pay in full before we despatch your ordered Goods unless there is another arrangement that has been agreed In Writing between JOY TO BREATHE and you.

All prices are quoted in Pounds Sterling. You may pay for your Goods by major credit or debit card. JOY TO BREATHE reserves the right to change the prices and other costs if there are changes to exchange rates, duties, insurance and shipping that are beyond our control. The product prices and shipping costs are all shown on your Order Confirmation. Payment timing is of the essence and no Goods will be despatched until payment in full is received by us.

Cancellation and Acceptance of Goods

The following Cancellation and Acceptance of Goods Policy does not affect your statutory rights as a consumer.

You may cancel your Order In Writing at any time up to the end of 1 month after the day on which you receive the Goods. You should check the Goods for defects and non-conformity. After this time, you will have accepted the Goods.

If JOY TO BREATHE at its option, agrees to the return of the whole or part of the Order it must be in its original, unused condition with packaging, a return note, and proof of purchase. No markings should be made on the Goods or their original packaging. You may also need to pay the return costs.

If you do cancel, JOY TO BREATHE will refund your money as soon as is reasonably possible or within the following 30 days at the latest. You must take reasonable care of the Goods whilst they are in your possession.

If you cancel for any other reason than the Goods being faulty or the Goods do not comply with the Contract, you must return the Goods in an unused condition and at your own cost. No refund will be paid to you until we receive the Goods returned by you.

JOY TO BREATHE reserves the right to cancel any Order before delivery (at JOY TO BREATH’s discretion and whether or not your credit or debit card has already been charged) that we have accepted. For example and without limitation, an Order may be cancelled so as to correct any material errors in your Order, or in respect of the price or other conditions published on the JOY TO BREATHE Website relevant to your Order, or if we need to make further verification of your payment details. If your card has been charged and your Order is cancelled, we will immediately issue an appropriate credit to your credit or debit card account.

Substitute Products

All Goods are subject to availability. If, for any reason, we are unable to provide you with the Goods you have ordered, we reserve the right to substitute products of the same or better quality at the same price. We will reimburse you for the reasonable costs of returning substituted products that you do not wish to accept.

Returns

Except as described below, where you discover a defect or fault within 1 year, JOY TO BREATHE will, at its option, repair, or replace the Goods or give you a partial or full refund depending on the circumstance. JOY TO BREATHE reserves the right to test the Goods upon return and to charge you any costs incurred by JOY TO BREATHE in case you wrongly claimed that the returned Goods were defective or faulty.

Notwithstanding your right to cancel described above, if your Order contained several products you may only return those Goods which you believe to be defective or at fault. JOY TO BREATHE is under no obligation to provide a refund or replacement for Goods which are not defective or at fault but formed part of an Order of which at least one of the Goods was defective or faulty.

None of the above conditions affects your statutory rights when the Goods are faulty or not as described.

Warranty

All of our products come with a 1 year guarantee from date of purchase. To return a product for cancellation of an Order or due to a defect or fault, see above.

Limitation of Liability

JOY TO BREATHE will accept liability for loss or damage suffered by you caused by JOY TO BREATHE’s default or negligence provided that such liability shall not exceed the Contract price. However, JOY TO BREATHE shall not be liable for any incidental, indirect, special or consequential damages, including but not limited to loss of use, revenues, profits or savings, even if it should have known of the possibility of such damages, or, except where expressly provided for in these terms, any claims demands or actions against the other party by any person.

JOY TO BREATHE reserves the right to change temporarily or permanently any part of the Website and/or its products with or without notice. You confirm that JOY TO BREATHE shall not be liable to you or any third party for any modification to or withdrawal of the Website or the materials, services or Goods which may from time to time appear on this Website. Whilst JOY TO BREATHE endeavours to ensure accuracy, any and all specifications, illustrations and other details contained on this Website are intended merely for the purpose of providing you with general information of the Goods. Descriptions and illustrations may vary.

You should only use your Goods in the manner approved and recommended by JOY TO BREATHE. You understand and acknowledge that JOY TO BREATHE products could be harmful if ingested.

Nothing in this Agreement shall exclude or limit JOY TO BREATHE’s liability for death or personal injury caused by its negligence.

Language and Filing of the Contract

The Agreement will be concluded in English. Information about Orders that you have placed may be obtained upon written application.

Protection of Personal Data and Registration Information

Personal information provided by you is treated as confidential by JOY TO BREATHE and its trading partners. When making a purchase from this site, you will be asked to provide personal information such as your name, email address, billing address, delivery address, telephone number, product selections, quantities of product, credit card or other payment information. JOY TO BREATHE will not use your personal information for any purpose other than for confirmation, completion and management of your transaction. Your credit card or other payment details will be handled securely by the 3rd party Paypal.com. Your transaction information is encrypted on a secure server for safe storage. Your order details are processed by Paypal.com.

JOY TO BREATHE may collect general information in order to help us to provide a better service to you. Such general information is collected anonymously and may include a referring URL, browser type, and browsing statistics.

Intellectual Property Rights

All copyright, trademarks and other intellectual property rights in all material and content supplied by this Website is the property of, or otherwise licensed to, JOY TO BREATHE or the manufacturer Atrium Innovation Limited. You may not use any material or content from this Website without the express written authorisation of the owner of any such intellectual property right.

Without limitation, you agree not to, nor procure a third party to, copy, reproduce, transmit, publish, display, commercially exploit or create derivative works of such material.

Indemnity

You agree to indemnify, hold and defend JOY TO BREATHE its officers, directors, employees, agents and suppliers harmless immediately on demand, from and against any and all claims, liability, damages, loss, costs and expenses, including all reasonable legal fees, arising out of any breach of these Terms and Conditions by you and any other liabilities arising out of your use of this Website, including the use of content found on this Website, or the use by any other person accessing the Website using your shopping account and/or your personal information.

 

Third Party Links

Without limitation, JOY TO BREATHE shall not be responsible for, the content and/or statements, express or implied, advertising, other material or services of any external website or resource which links to or is linked from this Website, nor for any loss of profits, damage, or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, statements, advertising, or other material or services on such external website or resource.

Miscellaneous Terms

Neither party intends that any of the terms of any Agreement will be enforceable by virtue of the Contracts (Rights Third Parties) Act 1999 by any person not a party to it.

Severance

If at any time any of these terms become invalid, illegal, unenforceable in any respect, the rest of the Agreement will be unaffected.

Assignment & Notices

You may not transfer or assign any of your obligations. Any notices should be made In Writing to the other party. JOY TO BREATHE’s offices for correspondence are shown above.

Waiver

No waiver by JOY TO BREATHE of any breach of the Agreement by you shall be considered as a waiver of any subsequent breach of the same or any other provisions of this Agreement.

Law and Jurisdiction

This Agreement will be governed by English Law and you irrevocably submit to the exclusive jurisdiction of the English Courts.