Jolly Molly - Customer Service

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1. INTRODUCTION

1.1 This Website is operated by Jolly Molly Limited a company registered in Scotland, whose registered office is at 3 Clairmont Gardens, Glasgow G3 7LW registration number SC350197.

1.2 “Jolly Molly” is the registered trade mark of Jolly Molly Limited.

1.3 Most areas of the Website can be accessed without registration. Certain areas of this Website however, are only accessible if you register.

1.4 These terms and conditions may be updated and/or varied from time to time. You should check the Website regularly to review the most current terms and conditions.

1.5 You will be subject to the terms and conditions in force at the time that you use the Website and/or order Goods, unless any change to these terms and conditions is required to be made by law or governmental authority (in which case it will apply to your previous use of the Website and/or orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (as defined below) (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Goods).

2. ORDERING

2.1 You are deemed to have placed an order once:

2.1.1 you have completed the online checkout process. As part of the checkout process you will be given the opportunity to check your order and to correct any errors, an order acknowledgement will then be sent to you, detailing the Goods you have ordered; or

2.1.2 send us an email with the full details of the Goods you would like to order. An order acknowledgement will then be sent to you, detailing the Goods you have ordered and attaching these terms and conditions.

Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy the Goods.

2.2 Acceptance of an order occurs once the order has been dispatched and a dispatch confirmation has been sent by email (the “Dispatch Confirmation”). The contract is only made between us once we send you the Dispatch Confirmation. The contract will include all details in your order acknowledgment and these terms and conditions (the "Contract"). The Contract is not formed if you receive notification that the order has not been accepted or if the order has been cancelled.

2.3 The Contract will relate only to those Goods whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Goods which may have been part of your order until the dispatch of such Goods has been confirmed in a separate Dispatch Confirmation.

2.4 An order may be refused where:

2.4.1 Goods are unavailable;

2.4.2 authorisation cannot be obtained for your payment;

2.4.3 there has been a pricing or product description error; or

2.4.4 any of the eligibility criteria as set out in this Contract has not been met.

3. PRICING

3.1 All prices include VAT (where applicable) but exclude delivery costs at the current rates as quoted on our Website from time to time, except in the case of an obvious error.

3.2 Where Jolly Molly charge separately for packaging, postage and other relevant charges, the appropriate rates are set out in the pricing structure shown on the Website http://jollymolly.co.uk/deliveryreturns.php

3.3 Jolly Molly reserves the right to change prices without prior notice but changes will not affect orders in respect of which a Dispatch Confirmation has already been sent.

3.4 Payment for all Goods is by way of credit or debit card and is facilitated by Sagepay. By ordering the Goods you will require to agree to the terms and conditions of Sagepay http://www.sagepay.com/terms_and_conditions.asp.

4. CANCELLATION AND RETURNS POLICY

4.1 Unwanted Goods

4.1.1 You can return Goods you have ordered from us for any reason (provided that they have not been opened or used and are in a saleable condition) at any time within 14 days of receipt for a full refund (excluding delivery and gift wrapping charges) or exchange. The costs and risk of returning Goods shall be borne by you.

4.1.2 If you wish to cancel your order;

(a) where the Goods have yet to be dispatched, then please send us email confirming that to info@jollymolly.co.uk; or

(b) where Goods have been dispatched please return said Goods in accordance with Clause 4.5 below.

4.2 For reasons of hygiene, earrings cannot be returned unless proven faulty when purchased.

4.3 Faulty Goods

4.3.1 If any Goods are found to be faulty on arrival we will be happy to refund the cost together with all delivery charges including those incurred by you in returning the Goods. Please follow the returns process set out at Clause 4.5 below.

4.4 Wrong Goods

4.4.1 If we have inadvertently sent you the wrong Goods we will be happy to refund all costs as for faulty Goods. If you wish, you can cancel your original order and receive a full refund. Please follow the returns process set out at Clause 4.5 below.

4.5 Returns Process

4.5.1 Please contact us by email at info@jollymolly.co.uk or by calling us on 01770 302162 to inform us of a return. We will issue you with a returns code and form which should be included with Goods returned. A returns form can be downloaded by clicking here [INSERT LINK TO RETURNS FORM].

Please send Goods to be returned with completed forms to:

Jolly Molly Limited
Shore Road
Brodick
Isle of Arran
KA27 8AJ

This address also appears on the return form.

For your own security we recommend you use a method of delivery that requires a signature on delivery such as Royal Mail Special Delivery. We cannot accept responsibility for Goods lost or damaged in the post.

4.6 A refund will be made to the card or account that was used to pay for the original order and we will notify you by email when the refund has been processed. Please allow up to 10 days for your refund to be processed upon receipt of returned Goods.

4.7 If your order has been charged for but is not delivered according to our standard delivery policy. http://jollymolly.co.uk/deliveryreturns.php We may ask you to wait up to 15 working days before we send out your order again.

5. LICENCE

5.1 You are permitted to print and download extracts from this Website for your own use on the following conditions:

5.1.1 no documents or related graphics on this Website are modified in any way;

5.1.2 no graphics on this Website are used separately from the accompanying test;

5.1.3 copyright, trade mark notices and these terms and conditions appear in all extract copies from the Website; and

5.1.4 such printing and downloading is for your personal use only.

5.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by Jolly Molly Limited or licensed to Jolly Molly Limited. For the purposes of these terms and conditions, any use of extracts from this Website other than in accordance with Clause 5.1 above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your authority to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.

5.3 Subject to Clause 5.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service for any purpose whatsoever without prior written permission.

5.4 Any rights not expressly granted in these terms are reserved.

6. SERVICE ACCESS

6.1 While Jolly Molly endeavour to ensure that this Website is available 24 hours a day, Jolly Molly will not be liable if for any reason this Website is unavailable at any time or for any period.

6.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair, or for reasons beyond our control.

6.3 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms and conditions.

6.4 When using the Website, you must comply with the provisions of our acceptable use policy as set out at Clause 7.

6.5 You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these terms, and that they comply with them.

6.6 We aim to update the Website regularly, and may change the content at any time. If the need arises, we may suspend access to the Website, or close it indefinitely. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

7. ACCEPTABLE USE POLICY

7.1 You may use this Website only for lawful purposes. You may not use this Website:

7.1.1 in any way that breaches any applicable local, national or international law or regulation; or

7.1.2 in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.

7.2 You also agree:

7.2.1 not to reproduce, duplicate, copy or re-sell any part of this Website in contravention of the provisions of these terms; and

7.2.2 not to access without authority, interfere with, damage or disrupt:

(a) any part of this Website; or

(b) any software used in the provision of this Website.

7.3 You must not misuse this Website 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 Website, the server on which this Website is stored or any server, computer or database connected to this Website. You must not attack this Website via a denial-of-service attack or a distributed denial-of service attack.

7.4 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 this Website will cease immediately.

7.5 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 this Website or to your downloading of any material posted on it, or on any website linked to it.

8. LINKS TO AND FROM OTHER WEBSITES

8.1 If links to third party websites are used then you automatically leave this Website. We are not responsible for third party websites, their content or availability. We therefore do not endorse or make any representations about them, any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk. These links are provided entirely for your information only.

8.2 If you would like a link to be created to the homepage of this Website, you may only do so in a way that is fair and legal, on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:

8.2.1 there is no attempt to remove, distort or otherwise alter the size or appearance of Jolly Molly logo;

8.2.2 a frame or any other browser or border environment around this Website is not created;

8.2.3 you do not in any way imply that Jolly Molly is endorsing any products or services other than those of Jolly Molly;

8.2.4 you do not misrepresent your relationship with Jolly Molly nor present any other false information about Jolly Molly or damage our reputation or take advantage of it;

8.2.5 you do not otherwise use any Jolly Molly trademarks displayed on this Website without express written permission from Jolly Molly;

8.2.6 you do not link from a website that you do not own; and

8.2.7 your website does not contain content that is distasteful, offensive, controversial or which infringes any intellectual property rights or other rights of any other person, or otherwise does not comply with all applicable laws and regulations. We reserve the right to revoke the right granted in this clause for breach of these terms and conditions and to take any action we deem appropriate.

8.2.8 your website must comply in all respects with our acceptable use policy set out at Clause 7 above.

8.3 You shall fully indemnify Jolly Molly Limited or any group company for any loss or damage suffered or incurred as a result of breach of Clause 8.2.

9. DISCLAIMER

9.1 While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We reserve the right to make changes to the material on this Website, or to the Goods and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.

9.2 The material on this Website is provided “as is” without any conditions, warranties or other terms of any kind. We exclude all representations, warranties, conditions and other terms which but for these terms and conditions might have effect in relation to this Website. Information relating to the use and potential benefits of the Goods is for information purposes only and no reliance should be placed as such information.

10. LIABILITY

10.1 We warrant to you that any Goods purchased from us through this Website are fit for the specific purposes for which they have been supplied and shall conform, in all material respect, to the description given on this Website.

10.2 Our liability for losses you suffer as a result of your use of this Website or ordering and using the Goods is strictly limited to the purchase price of the Goods you purchased.

10.3 We are not responsible for indirect or consequential losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings or loss of data.

10.4 Nothing in these terms and conditions shall exclude or limit our liability for death or personal injury caused by negligence, under section 2(3) of the Consumer Protection Act 1987, for fraud or fraudulent misrepresentation, or for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

10.5 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

10.6 You agree to indemnify Jolly Molly fully from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of these terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.

11. TRANSFER OF RIGHTS AND OBLIGATIONS

11.1 This Contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of this Contract, or any of your rights or obligations arising under it, without our prior written consent.

11.2 We may transfer, assign, charge, sub-contract or otherwise dispose of this Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

12. EVENTS OUTSIDE OUR CONTROL

12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Contract that is caused by events outside our reasonable control (Force Majeure Event).

12.2 Our performance under this Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under this Contract may be performed despite the Force Majeure Event.

13. WAIVER

13.1 If we fail, at any time during the term of this Contract, to insist upon strict performance of any of your obligations under this Contract, or if we fail to exercise any of the rights or remedies to which we are entitled under this Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

13.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.

14. SEVERABILITY

If any of the provisions of this Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such provision will to that extent be severed from the remaining provisions which will continue to be valid to the fullest extent permitted by law.

15. ENTIRE AGREEMENT

15.1 This Contract and any document expressly referred to in it represent the entire agreement between us in relation to the subject matter of this Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

15.2 We each acknowledge that, in entering into this Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to this Contract except as expressly stated.

15.3 We intend to rely upon this Contract and any document expressly referred to in it in relation to the subject matter of this Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from this Contract to be confirmed in writing.

16. GOVERNING LAW AND JURISDICTION

16.1 This Contract shall be governed by and construed in accordance with Scottish Law. Disputes arising in connection with this Contract shall be subject to the exclusive jurisdiction of the Scottish courts.

16.2 We do not warrant that Goods and services for sale on the Website are appropriate or available for use outside the United Kingdom. If you access this Website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.

17. PRIVACY POLICY

17.1 Jolly Molly is committed to preserving the privacy of all visitors to our Website at jollymolly.co.uk. By registering or placing an order on this Website, you consent to the collection, use and transfer of your information under the terms of this policy.

18. INFORMATION WE COLLECT FROM YOU

18.1 When you visit, register or order Goods on jollymolly.co.uk you may be asked to provide certain information about yourself including your name and contact details which may be stored. We don’t take your credit or debit card information; this is taken by Sagepay, a service which provides secure online credit card and debit card payment solutions for thousands of online and mail order businesses across the UK. Please see http://www.sagepay.com/privacy_policy.asp for details of Sagepay’s privacy policy. We also receive and record information by tracking user traffic patterns throughout this Website to maintain a record of the movements of visitors to this Website and purchasers of our goods.

You are entitled to see the information held about you and you may ask us to make any necessary changes to ensure that it is accurate and kept up to date. If you wish to do this, please contact us at info@jollymolly.co.uk. The only information we may collect is in relation to any orders placed or contact details given. We do not hold any payment details.

19. USE OF YOUR INFORMATION

19.1 Your information will enable us to provide you with access to all parts of our Website and to supply the goods or services you have requested. It will also enable us to bill you and to contact you where necessary concerning your orders. We will also use and analyse the information we collect so that we can administer, support, improve and develop our business.

19.2 In particular, we may use your information to contact you to notify you occasionally about important changes or developments to the Website or our services. Further, where you have consented, we might also use your information to let you know by email about other products and services which we offer which may be of interest to you. If you change your mind about being contact in the future, please contact us at info@jollymolly.co.uk

20. DISCLOSURE OF YOUR INFORMATION

20.1 The information you provide to us may be accessed by or given to third parties who act for us for the following purposes approved by you:

20.1.1 we may employ other companies and individuals to perform functions in certain situations on our behalf. Examples of these functions include e-mail, providing marketing assistance and data analysis, handling credit card transactions, fulfilling orders and providing customer service. These agents have access to the personal information required in order to perform their functions but may not use it for any other purpose.

20.1.2 we may also pass aggregate information on the usage of our Website to maintain and manage our Website, but this will not include information that can be used to identify you.

20.1.3 we are continually trying to expand and improve our business and we may sell or buy businesses or assets in these transactions. Customer information is generally one of the transferred business assets in these situations and in the event that Jolly Molly Limited or substantially all of its assets are acquired, customer information may be one of the transferred assets.

20.1.4 other companies sometimes ask us to market their products and/or services on this Website and we sometimes send these offers to our customers on behalf of these other businesses. When we do this, we will not give that business your name and address. If you don’t want to receive such offers, please let us know by e-mailing us at info@jollymolly.co.uk.

20.1.5 we will release personal information on our customers where we are required to by law. We may also exchange other information with other companies and organisations for fraud protection and credit risk reduction.

20.2 Unless required to do so by law, we will not otherwise share, sell or distribute any of the information you provide to us without your consent.

21. COOKIES

21.1 Cookies are small amounts of information which we may store on your computer.

Unless you have indicated your objection when disclosing your details to us, our system will issue cookies to your computer when you log on to the site. Cookies make it easier for you to log on to and use the site during future visits. They also allow us to monitor Website traffic and to personalise the content of the site for you. The only personal information a cookie can contain is information a user supplies him or herself. A cookie can’t read data off your hard disk or read cookie files created by other sites. Your privacy and security are not compromised when you accept a cookie from our Website. You may set up your computer to reject cookies by following the relevant instructions which can be found at www.aboutcookies.org. In that case, you may not be able to use certain features on this Website. If you do not wish to receive cookies in the future, please let us know at info@jollymolly.co.uk.

22. SECURITY AND DATA RETENTION

22.1 We employ security measures to protect your information from access by unauthorised persons and against unlawful processing, accidental loss, destruction and damage. We will retain your information for a reasonable period or as long as the law requires.

23. CHANGES TO WEBSITE

23.1 We may edit this policy from time to time. If we make any substantial changes we will notify you by posting a prominent announcement on our web pages.