Terms & Conditions
Who are we?
Fly Jesse is a family run business based in Dorset. As well as our online site, we have a Baby and Gift Shop in Cheap Street in Sherborne, Dorset.
We can be contacted by telephone: 01935 850427
We can be contacted by email: firstname.lastname@example.org
The prices displayed on our website include VAT but exclude delivery.
1 Introduction1.1 If you buy goods on our site you agree to be legally bound by this contract.
1.2 This contract is only available in English. No other languages will apply to this contract.
1.3 When buying any goods you also agree to be legally bound by:
1.3.1 our website terms and conditions and any documents referred to in them;
1.3.2 specific terms which apply to certain goods. If you want to see these specific terms, please visit the relevant webpage for the goods at any time during the online checkout process.
All these documents form part of this contract as though set out in full here.
2 Information we give you2.1 By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made. The key information is set out in these terms and conditions and under Information about us.
2.2 If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.
3 Ordering goods from us3.1 Below, we set out how a legally binding contract between you and us is made.
3.2 You place an order on the site by adding items to your basket and clicking on the “checkout” button. Please read and check your order carefully before submitting it. However, if you need to correct any errors you can do so before submitting it to us.
3.2.1 When you place your order at the end of the online checkout process (eg when you click on the ‘checkout’ button), we will acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted.
3.2.2 We may contact you to say that we do not accept your order. This is typically for the following reasons:
(a) the goods are unavailable;
(b) we cannot authorise your payment;
(c) you are not allowed to buy the goods from us;
(d) we are not allowed to sell the goods to you;
(e) you have ordered too many goods; or
(f) there has been a mistake on the pricing or description of the goods;
(g) you fail to provide us with the necessary information
3.2.3 We will only accept your order when we email you to confirm this (Confirmation Email). At this point:
(a) a legally binding contract will be in place between you and us; and
(b) we will dispatch the goods to you.
3.3 If you are under the age of 18 you may not buy any goods from the site.
4 Cancellation4.1 You may cancel your contract with us for the goods you order at any time up to the end of the fourteenth calendar day from the date you receive the ordered goods. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.
4.2 To cancel your contract you must notify us in writing.
4.3 If you have received the goods before you cancel your contract then you must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at 4 Fishers Close, Trent, Sherborne,
DT9 4SN United Kingdom your own cost and risk as soon as possible.
You must take good care of the goods while in your possession and they must be returned to us before we can issue your refund.
4.4 Once you have returned all the goods and they are received by us in the condition they were in when delivered to you, we will reimburse you for the goods and the delivery charge (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us) within 5 working days of receipt of the products.
4.5 If you wish to cancel (or are considering cancelling) a product or service you have ordered from us, please be aware of the following terms that apply:
4.5.1 Damaged or incorrectly supplied products: You should check all products you receive against your order. If the products you receive are damaged or incorrectly supplied on delivery then you must note the details of any damage or error in supply on the delivery documentation or if you are unable to view the items on receipt, you must inform us (by post, phone or email only) within a reasonable period of time. You must return the products to us as soon as possible after informing us that the products are damaged or have been incorrectly supplied.
4.5.2 Damage during the course of returning products: If you choose to return any products to us, we will not be responsible for any loss or damage to them in transit and, for this reason, we recommend that you use a recorded delivery service. If returned products are lost or damaged in transit, we reserve the right to charge you (or not to refund any amounts attributable to) such loss or damage.
4.5.3 Other cancelled products: If you want to cancel products that are not damaged or incorrectly supplied, then you must inform us of this within 14 calendar days after the day on which you received the goods or services in accordance with the Regulations or otherwise as soon as possible. You must take good care of the products that you wish to cancel. Products should be returned in or with their original packaging.
4.6 We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
4.7 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
5 Cancellation by us5.1 We reserve the right to cancel the contract between us if:
5.1.1 we have insufficient stock to deliver the goods you have ordered;
5.1.2 we do not deliver to your area; or
5.1.3 one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers;
5.1.4 you fail to provide the information required under clause 3.4.
5.2 If we cancel your contract we will notify you by email and will credit to your account any sum deducted by us as soon as possible but in any event within 14 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
6 Special orders6.1 Goods which have been specially ordered by us for you will be subject to the payment of a 50% or 100% deposit. The deposit will be forfeited in the event of cancellation that is not due to the fault of us. Goods which have been specially ordered by us for you will be non-returnable unless the goods are faulty.
7 Use7.1 No assumptions should be made by you as to the fitness of any goods for any purpose either than as specifically described by the manufacturers. Any such use or adaption shall be at your risk.
8 Warranty8.1 In general the warranty on goods sold from stock by us will conform to the warranty offered by the manufacturer of the goods and will be subject to fair and proper use and maintenance of the goods by you. It is important that you advise us promptly if the goods are faulty or if there is any query regarding their effective use.
8.2 Goods that have been dismantled or otherwise interfered with or that have been improperly used or have suffered accidental damage will not be eligible for warranty consideration.
8.3 It is also conditional that any and all instructions provided by the manufacturer or supplier will have been fully and properly complied with and/or that where a latest date for effective use is stated or is relevant that it has not been exceeded.
8.4 Where goods are returned under complaint after a period of use we will return the goods to the manufacturer or his agent for investigation and report. This could result in the goods being either repaired or replaced as may be appropriate if the claim is accepted. If a claim of fault in the goods is not justified we will either arrange for the goods to be returned to you or arrange for the goods to be repaired, if possible, with the consent and at your cost. You will undertake to process any such returns promptly to minimise delay as far as is possible.
9 Delivery9.1 We use Royal Mail to deliver all our goods.
9.2 The estimated date for delivery of the goods will be the next working day after you receive the shipment confirmation email. For some areas of the country (e.g. islands or Scottish highlands, a next working day service is not possible and the estimated delivery day will be 2-3 days after you receive the shipment confirmation email). If your order has been sent with a courier which uses a tracking system, details of this will be contained within the shipment confirmation email.
9.3 If something happens which:
9.3.1 is outside of our control; and
9.3.2 affects the estimated date of delivery;
we will let you have a revised estimated date for delivery of the goods.
9.4 Delivery of the goods will take place when we deliver them to the address that you gave to us.
9.5 Unless you and we agree otherwise, if we cannot deliver your goods within 30 days, we will:
9.5.1 let you know;
9.5.2 cancel your order; and
9.5.3 give you a refund (in full or in part).
9.6 You are responsible for the goods when delivery has taken place. In other words, the risk in the goods passes to you when you take possession of the goods.
9.7 Deliveries will usually take place within normal working hours (Monday – Friday, 08:00-17:00).
9.8 Customers may request special delivery services, which are available at additional cost
9.9 Whilst every endeavour is made to adhere to agreed delivery dates or times, these cannot be guaranteed due to possible unforeseen circumstances beyond our control. Some services may not be available for certain consignments or delivery destinations. Please contact us for clarification and confirmation of additional costs.
10 Payment10.1 We will do all that we reasonably can to ensure that all of the information you give us when paying for the goods is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.
10.3 All card payments are subject to authorisation by your card issuer. We take full payment immediately for all products.
10.4 All products ordered will remain the property of Fly Jesse until we have delivered the products to the address specified by you. If your payment is not received and you have already received the products you ordered from us, you must pay for or return those products to us in accordance with our reasonable return instructions and in the same condition that you received them at your own expense. If you do not do this within 30 days of the date on which we cancel your order, we may collect or arrange for collection of the products at your expense. We reserve the right to charge you for any and all damage to (or other adverse interference with) any products that are the subject of an unpaid order.
10.5 If you do not return any goods (such as where you have not paid for them) we may collect the goods from you at your expense. We will try to contact you to let you know if we intend to do this.
10.6 Nothing in this clause affects your legal rights to cancel the contract during the ‘cooling off’ period under Clause 4.1.
10.7 The price of the goods:
10.7.1 is in pounds sterling (£)(GBP);
11 Nature of the goods11.1 The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), for example, the goods:
11.1.1 are of satisfactory quality;
11.1.2 are fit for purpose;
11.1.3 match the description, sample or model.
11.2 We must provide you with goods that comply with your legal rights.
11.3 The packaging of the goods may be different from that shown on the site.
11.4 While we try to make sure that:
11.4.1 all weights, sizes and measurements set out on the site are as accurate as possible, there may be a small tolerance of up to in such weights, sizes and measurements; and
11.4.2 the colours of our goods are displayed accurately on the site, the actual colours that you see on your computer may vary depending on the monitor that you use.
11.5 Any goods sold:
11.5.1 at discount prices;
11.5.2 as remnants; or
11.5.3 as substandard;
will be identified and sold as such. Please check that they are of a satisfactory quality for their intended use.
11.6 If we can’t supply certain goods (we may need to substitute them with alternative goods of equal or better standard and value. In this case:
11.6.1 we will let you know if we intend to do this but this may not always be possible; and
11.6.2 you can refuse to accept such substitutes, in which case we will offer you a refund or a replacement and let you know how long such an offer remains open for.
12 Liability12.1 If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us by Midday the following day of the delivery of the goods in question.
12.2 If you do not receive the goods ordered within 14 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 30 days of the date on which you ordered the goods.
12.3 If you notify a problem to us under clauses 12.1 or 9 above, our only obligation will be, at your option:
12.3.1 to make good any shortage or non-delivery;
12.3.2 to replace or repair any goods that are damaged or defective; or
12.3.3 to refund to you the amount paid by you for the goods in question in whatever way we choose.
12.4 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 12.3.3 above.
12.5 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
12.6 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
13 Faulty goods13.1 For more detailed information on your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’) and what you should expect from us, please:
13.1.1 contact us using the contact details at the top of this page; or
13.1.2 visit the Citizens Advice website www.citizensadvice.uk or call 03454 04 05 06.
13.2 Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.
13.3 Please contact us if you want: 13.3.1 us to repair the goods;
13.3.2 us to replace the goods;
13.3.3 a price reduction; or
13.3.4 to reject the goods and get a refund.
14 Events beyond our controlWe shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
15 InvalidityIf any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
17 End of the contractIf this contract is ended it will not affect our right to receive any money which you owe to us under this contract.
18 Limit on our responsibility to you18.1 Except for any legal responsibility that we cannot exclude in law, we are not legally responsible for:
18.1.1 losses that:
(a) were not foreseeable to you and us when the contract was formed; or
(b) that were not caused by any breach on our part;
18.1.2 business losses; and
18.1.3 losses to non-consumers.
18.2 Any suggestions or recommendations for use of any product are made without warranty and are not to be taken as a license to operate under or to infringe any patent.
19.1 We will try to resolve any disputes with you quickly and efficiently.
19.2 If you are unhappy with:
19.2.1 the goods;
19.2.2 our service to you; or
19.2.3 any other matter;
please contact us as soon as possible.
19.3 If you and we cannot resolve a dispute using our internal complaint handling procedure, we will:
19.3.1 let you know that we cannot settle the dispute with you; and
19.3.2 give you certain information required by law about our alternative dispute resolution (ADR) provider. You may wish to visit the European Online Dispute Resolution Platform: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=EN
19.4 If you want to take court proceedings, the relevant courts of the United Kingdom will have exclusive jurisdiction in relation to this contract.
19.5 Relevant United Kingdom law will apply to this contract.
No one other than a party to this contract has any right to enforce any term of this contract.