Terms and Conditions
1. About Us
This Site is operated by JOYTIDE STUDIO LTD ("We"). We are registered in England and Wales under company number 11974476. We are a LTD company. Registered address: 89 Whittlesea Road, HA3 6LT
2. Accessing the site
2.1. Access to the Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on the Site without notice (see below). We will not be liable if for any reason the Site is unavailable at any time or for any period.
3. Our products
3.1. The images of any products, including the frames, on the Site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the frames and as a result, your frames may vary slightly from those images.
3.2. All products shown on the Site are subject to availability.
4. intellectual property rights
4.1. For the purposes of these terms of use, ”Intellectual Property Rights” means copyright and related rights, trade marks and service marks, trade names and domain names, rights in designs, database rights, rights to preserve the confidentiality of information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (and rights to apply for, and be granted) renewals or extensions of, and rights to claim priority from, these rights and all similar or equivalent rights or forms of protection which subsist or will subsist, now or in the future, in any part of the world; “Materials” means all materials, including text, posts, replies, comments, video, audio, photographs, images, illustrations, animations, logos, information, data and graphics.
4.2. With the exception of the Intellectual Property Rights in the Materials owned by a third party, we are the owner or the licensee of all Intellectual Property Rights in the Site, such rights being protected by copyright laws and treaties around the world. All such rights are reserved.
4.3. You may print off one copy, and may download extracts, of any page(s) from the Site for your personal reference and you may draw the attention of others to material posted on the Site.
4.4. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
4.5. Our status (and that of any identified contributors) as the authors of Material on the Site must always be acknowledged.
4.6. You must not use any part of the materials on the Site for commercial or business purposes without obtaining a licence to do so from us or our licensors. You must not use any part of the Site, or the materials on the Site, in any way which may prejudice or damage the reputation of JOYTIDE STUDIO LTD.
4.7. If you print off, copy or download any part of the Site in breach of these terms of use, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
6. Placing orders, pricing and payment
Products purchased are for personal or gift use and should not be used for business or commercial use, re-sold or any other commercial benefit.
6.1. All prices in GBP are quoted inclusive of VAT at the applicable rate. We shall endeavour to notify you if the price displayed is not fully inclusive of any customs duties or taxes however in some countries additional duties may be payable to your tax authorities on receipt of your delivery. We have no control over these charges and cannot predict their amount. You will be responsible for payment of any such import duties and taxes. We recommend you contact your local customs authority to determine a landed cost price period to submitting your order. You agree that your order is an offer to purchase chosen products from us in accordance with these terms. All orders submitted by you are subject to acceptance by us. We may choose not to accept your order in our discretion for any reason whatsoever without liability to you, unless we are not permitted to do so under statutory law. Examples of when we may not accept your order include: - if products are shown but are not available or are incorrectly priced, or otherwise incorrectly described, - if we are unable to obtain authorisation of your payment, or incur other payment processing issues - if you order multiple quantities of an individual product to be shipped to the one customer or delivery address - if shipping restrictions apply to the products - if the delivery address is for an entity or individual providing freight forwarding services or is not a valid shipping address. You acknowledge that placing an order confirms your agreement to receive communication from JOYTIDE STUDIO via email or telephone regarding your order.
6.2. Prices and availability of products as detailed on the Site are subject to change from time to time and while we shall endeavour to ensure that such information is accurate, we may notify you of any changes prior to confirming your order.
After submitting an order, we will send you an order acknowledgement email with your order number and details as an acknowledgement that we have received your order. This does not constitute an acceptance of your order.
Acceptance of your order and the formation of a contract of sale between us will not take place until we have sent you an email confirming dispatch of the goods to the provided delivery address. Should we notify you of any changes to the order you have placed, you shall have the right to either amend your order accordingly or cancel your order.
Furthermore, if we are unable to supply the chosen products, or the price shown on the Site is not correct, we shall have the absolute right to cancel your order. Item availability, pricing and delivery option may vary depending on the shipping destination. You confirm that the details you provide to us in respect the credit/debit card or payment method being used are yours and that all details are complete, correct and accurate. You further confirm that the credit/debit card is valid. If during validation or authorisation checks performed by the card issuer or payment method provider the payment method is refused we will not accept your order, nor are we obliged to inform you of the reason for the refusal. We are not responsible for any amounts which may be applied by your card issuer or bank or payment method provider as a result of our processing of your credit/debit card payment or other method of payment in accordance with your order. If your credit/debit card or payment method is not denominated in the currency indicated in your order, the final price is calculated and charged by your card issuer or bank or payment method provider and therefore we shall not be responsible for any cost, expense, charge or other liability which may be incurred or suffered by you. We reserve the right to issue or make available any invoice in electronic form and you agree to such a form of invoicing.
6.3. Discount codes may be subject to additional terms and conditions (including an expiry date/time) which will be shared at the point of communication. Codes cannot be used in conjunction with other offers and only one code can be used per order. In the event of returning the order for a refund, the amount used from the promotion code will not be refunded.
7. Delivery and returns
7.1. Although we shall make every reasonable effort to deliver your products on time, time shall not be of the essence.
7.2. Should for any reason the products you have ordered become lost or damaged in transit, we shall, at our sole discretion, either replace the goods or reimburse you for all amounts received.
7.3. We are only able to deliver to a valid shipping address, complete with name of recipient, and the countries to which we ship may change from time to time. Deliveries outside of the UK are subject to an additional shipping charge, which will be confirmed at the time of ordering.
7.4 Cancellation and Return Policy To cancel an order please email hello@joytide.co.uk prior to delivery. You may also return or exchange any product within 30 days of the delivery date. The product must be returned with all packaging and accessories, in its original perfect condition. Refunds and exchanges will be processed 10 business days of receipt. Additional payment may be required to complete an exchange.
7.5 Returns or exchanges to JOYTIDE will be within 30 days and shipping at your cost
7.6. Refunds on orders from outside of the UK will not include the outbound shipping cost.
7.7. For non-standard orders a 30-day full refund will only be issued if there is a fault with the product.
8. Reliance on information posted
8.1. Commentary and other materials posted on the Site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Site, or by anyone who may be informed of any of its contents.
9. Warranty
9.1. We warrant that on delivery the products shall:
9.1.1. conform in all material respects with their description on the Site;
9.1.2. be free from material defects in design, material and workmanship; and
9.1.3. be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
9.1.4. be fit for purpose.
9.2. While we take all reasonable care in the sourcing and packaging of the products, which should reach you materially as described on the Site, there may be minor variations due to factors beyond our reasonable control.
9.3. Subject to clause 9.4, if:
9.3.1. you give notice in writing to us within a reasonable time of discovery that the products do not comply with the warranty set out in clause 9.1; and
9.3.2. you (if asked by us to do so) return such products to us at your cost until such time as we agree that the products do not comply with the warranty as set out in clause 9.1, we shall, at our option, replace the defective products, or refund the price of the defective products in full.
9.4. Notwithstanding clause 9.3, we offer a no quibble 30 day guarantee on all our products, starting from the date you first receive the products, following which we shall not be liable for products that fail to comply with the warranty set out in clause 9.1 in any of the following events:
9.4.2. you use and damage the products after giving notice in accordance with clause 9.3;
9.4.3. the defect arises because of your failure to follow any applicable instructions as to the storage or use of the products; or
9.4.4. the products differ from their description as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
9.5. Except as otherwise provided in this clause 9, we shall have no liability to you in respect of the products’ failure to comply with the warranty set out in clause 9.1.
9.6. These terms shall apply to any replacement products supplied by us.
9.7. The above warranties are in addition to your legal rights in relation to products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
10. Our liability
10.1. We do not in any way exclude or limit our liability for:
10.1.1. death or personal injury caused by our negligence;
10.1.2. fraud or fraudulent misrepresentation; nor
10.1.3. any other liability which cannot be excluded or limited under applicable [UK] law.
10.2. We shall not be liable for any direct, indirect or consequential loss or damage incurred by any user in connection with the Site or in connection with the use, inability to use, or results of the use of the Site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
10.2.1. loss of income or revenue;
10.2.2. loss of business;
10.2.3. loss of profits or contracts;
10.2.4. loss of anticipated savings;
10.2.5. loss of data;
10.2.6. loss of goodwill;
10.2.7. wasted management or office time; and
10.2.8. for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
10.3. Subject to the above, the use of this Site and our products are provided on an "as is" and on an "as available" basis without any representations or any kind of warranty made (whether express or implied by law) to the extent permitted by law, including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
11. Privacy
11.1. We process information about you in accordance with our privacy policy. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.
13. Our site updates
13.1. We aim to update the Site regularly, and may change the content at any time. If the need arises, we may suspend access to the Site, or close it indefinitely. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.
14. Viruses, hacking and other offfences
14.1. You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack.
14.2. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.
14.3. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or on any website linked to it.
15. Linking to the site
15.1. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
15.2. Our site must not be framed on any other site, nor may you create a link to any part of the Site other than the home page.
15.3. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy.
15.4. If you wish to make any use of material on the Site other than that set out above, please address your request to hello@joytide.co.uk.
16. Links from the site
16.1. Where the Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
18. Jurisdiction and applicable law
18.1. The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to the Site.
18.2. These terms of use and any dispute or claim arising out of or in connection with them or their 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.
19. Variations and severance
19.1. We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we have made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on the Site. Each provision of these terms shall be construed separately and independently of each other. If any provision is deemed invalid, void or otherwise unavoidable, that provision shall be deemed severable from and not affect the enforceability of any other provision.
20. Your concerns
20.1. If you have any concerns about material which appears on the Site, please contact hello@joytide.co.uk.