8 Cancellation and Returns - Section 8 taken from our Terms & Conditions (Goods & Services) Dec 2014
8.1 Please keep your proof of purchase for anything you buy from us, doing so will ensure we can help you if you need to return something back.
8.2 We may, at our discretion, accept or reject the cancellation of any contract or the return of any goods not required. Any such cancellation or return shall be on such terms as we specify and in particular we may charge you a handling fee and all costs incurred on cancelled orders.
8.3 Where you are a “consumer” under a distance contract” (both as defined in the Consumer Contract (Information, Cancellation & Additional Charges) Regulations 2013) you may cancel a contract within fourteen days after the date the goods are delivered. You must return the goods to our workshop or request us to collect the goods, at your cost. This term shall not apply to any goods specially obtained or made for you or which are liable to deteriorate or expire rapidly. Any refund will only include standard deliver charges (where relevant)
8.4 We shall be entitled to cancel or suspend a contract if you fail to pay us any sum due pursuant to the contract (whether or not any party of your account is subject to query) or any of the following events occurs or we believe is likely to occur;
(a) you have a bankruptcy order made against you or make an arrangement or composition with your creditors, or otherwise take a benefit for the relief of insolvent debtors; or
(b) you convene a meeting of creditors or enter into liquidation: or
(c) you have a receiver and/ or manager, administrative receiver appointed over your undertakings or any part of; or
(d) a resolution is passed or a petition presented to any court for your winding-up or for the granting of an administration order in your respect, or any proceedings are commenced relating to your insolvency or possible insolvency; or
(e) you suffer or allow any execution, whether legal or equitable, to be levied on your property or obtained against you; or
(f) you are unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986 or you cease to trade; or
(g) any event similar to the above occurs; or
(h) you fail to observe or perform any of your obligations under the contract or any other contract between us and you; or
(i) you encumber or in any way charge any of the goods
8.2 You may cancel your order (or part of it) before despatch or within 14 days of delivery by emailing us at firstname.lastname@example.org or writing to us at; Cancellations Department, JMT Trade Ltd, Netherby Street, Longtown, Carlisle , Cumbria, CA6 5SA, please state all relative details, we are unable to accept cancellations via phone.
8.3 You will lose your right to cancel after the expiry of the 15 day period referred to in clause 8.2 (this does not affect your rights if there is any problem with the Products).
8.4 You may use the cancellation form within our Returns Policy on our website, but you do not have to.
8.5 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
8.6 The right to cancel your order set out above is subject to the following exclusions:
8.6.1 Products which are cut, made to measure or mixed to your requirements, or otherwise customised or made to your specifications will not be exchanged or refunded unless they are faulty or incorrectly delivered;
8.6.2 Products which are liable to deteriorate or expire rapidly, will not be exchanged or refunded unless they are faulty or incorrectly delivered;
8.6.3 your right of cancellation does not apply to Products which are not suitable for return due to health or hygiene reasons, if you have opened the Product packaging after delivery or collection; and
8.6.4 your right of cancellation does not apply to Products which become mixed inseparably with other items after delivery or collection (which may be the case where the Products are installed).
8.7 In relation to Products delivered to you, you may need to take delivery of the Products before you can cancel your order if the Products are placed into our delivery process before we receive your notice of cancellation. This does not affect your rights under this clause and clause 9.
8.8 Following cancellation, we will refund you the price paid for the cancelled order (or part of the order cancelled), less any collection or return costs or charges (if any). Where you cancel the entire order, we will also refund the standard delivery charges paid (if any), or an amount equal to those charges if you elect to use a more expensive delivery method. Where you cancel part of an order, we may recalculate any applicable delivery charge and deduct this from the refund. We will pay the refund within 14 days after the day:
8.8.1 you notified us to cancel your order, where you have not received the Products (and the Products have not been despatched to you); or
8.8.2 we receive the Products you returned to us, where you are in receipt of the Products; or
8.8.3 you provide us with a proof of return for the Products, where you have returned the Products but we have not yet received them.
8.9 If you paid for your order using a credit/debit card, we will refund you on the credit/debit card used to pay for the order; if you paid for your order by Bacs, we will also use this method for the amount of the refund; if you paid for the order in cash, we will refund you in cash or, at our discretion, by Bacs or cheque; if you paid for your order using an discount/credit code, we will issue a discount/credit code for the amount of the refund. If you paid for your order using an online payment service (such as PayPal) , we will refund you on the account or using the online payment method you used to pay for the order, unless we agree otherwise with you.
8.10 You must arrange for the return of the Product(s) as soon as possible and in any event not later than 14 days after the day on which you cancel your order, unless we agree that you may dispose of the Products (in which case you must comply with any disposal instructions). Unless the Product(s) is(are) faulty or not as described or purchased and delivered simultaneously while we are in your property, you will be responsible for the cost of returning the Product(s). For certain Products we offer a collection service. Please contact us for further details. We may charge a fee for this service.
8.11 You must keep the Product(s) you wish to return in your possession and take reasonable care of the Product(s) at all times while they are in your possession. This means that you must not use the Products (except to the extent reasonably necessary to inspect and examine them).
8.12 We reserve the right to make a deduction from the amount of any refund for loss in value of the Products returned where the Products show signs of unreasonable use; for these purposes, unreasonable use includes handling the Products beyond what is necessary to establish the nature, characteristics and functioning of the Products, in particular, if it goes beyond the sort of handling that might reasonably be allowed in a shop. Where you are in possession of the Products (or they have been despatched to you), we may withhold any refund until we have received the Products or you have supplied proof of return for the Products.
8.13 We reserve the right to require proof of identity.
YOUR CONSUMER RIGHTS ARE NOT AFFECTED