Terms & Conditions
Information and disclaimers
We use reasonable care to ensure that the information appearing on this website is up to date and accurate. While MMA Architectural Systems takes precautions to prevent the occurrence of errors and omissions the user of this website should not take the accuracy of the information for granted but should check directly with MMA Architectural Systems. None of the material contained in this website is to be relied upon as a statement or representation of fact.
MMA Architectural Systems has no control over the use to which the information may be put by the user and accordingly shall not be liable for any loss of profits or contracts or any indirect or consequential loss or damage arising out of or in connection with the use of such information.
We make no warranty that the contents of this website are free from computer viruses or anything else which has contaminating or destructive properties and shall have no liability in respect thereof.
Links to external sites
MMA Architectural Systems cannot be held responsible for the content of any external websites to which this site may be linked.
Any reference to ‘we’, ‘us’ or ‘our’ in these terms is to MMA Architectural Systems Limited, and any reference to ‘you’ or ‘your’ is to the person placing an order on our site.
Please print out or save a copy of these Terms for future reference as we will not save or file a copy for you.
We amend these Terms from time to time as set out in clause 8. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 18/05/2021. These Terms, and any Contract between us, are only in the English language.
1. INFORMATION ABOUT US
1.1 We operate the website www.jakob.co.uk. We are MMA Architectural Systems Limited, a company registered in England and Wales under company number 06342130 and with our registered office at MMA Architectural Systems Ltd, 35c Fourth Avenue, Midsomer Norton, Radstock, Somerset, England, BA3 4XE. Our main trading address is 35c Fourth Avenue, Midsomer Norton, Radstock, Somerset, England, BA3 4XE. Our VAT number is 914 6118 38.
1.2 To contact us, please see our Contact Us page (https://jakob.co.uk/contact/).
2. OUR PRODUCTS
2.1 The images of the Products on our 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 Products. Your Products may vary slightly from those images. Please refer to the product description as the guide.
2.2 Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our site should be cross referenced with the relevant brochure page. All brochures are available to download from our catalogues page (https://jakob.co.uk/catalogues/).
2.3 The packaging of the Products may vary from that shown on images on our site.
2.4 All Products shown on our site are subject to availability. We will inform you by phone or e-mail as soon as possible if the Product you have ordered is not available.
3. HOW WE USE YOUR PERSONAL INFORMATION
4. IF YOU ARE A CONSUMER
This clause 4 only applies if you are a consumer.
4.1 As a consumer, you have 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. Nothing in these Terms will affect these legal rights.
5. IF YOU ARE A BUSINESS CUSTOMER
This clause 5 only applies if you are a business.
5.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
5.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation based on any statement in this Contract.
6. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
6.1 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
6.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 6.3.
6.3 We will confirm our acceptance of your order to you by sending you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation) at which point a legally binding Contract is formed between you and us on these Terms.
6.4 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site as referred to in clause 13.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
6.5 If we are making any bespoke or personalised products for you which are based on measurements or other information you provide to us, you are responsible for ensuring that the information is correct.
7.1 All orders are subject to availability. We cannot guarantee that any product will be available at any given time. In certain circumstances beyond our reasonable control, for example where there has been a change in law, we may need to stop selling certain products. If this happens and it affects your order, we will notify you by email, cancel your order and provide you with a full refund (including any delivery costs) if payment has already been taken.
8. OUR RIGHT TO VARY THESE TERMS
8.1 We may revise these Terms from time to time in the following circumstances:
(a) changes in how we accept payment from you;
(b) changes in relevant laws and regulatory requirements
8.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
9. YOUR CONSUMER RIGHT OF RETURN AND REFUND
This clause 9 only applies if you are a consumer.
9.1 If you are a consumer, you have a legal right to cancel a Contract during the period set out below in clause 9.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office.
9.2 However, this cancellation right does not apply in the case of:
any made-to-measure or custom-made products.
9.3 You have the legal right to cancel your Contract from the point the order is placed online up until 14 days after your order is delivered.
9.4 To cancel a Contract, please contact our Customer Services telephone line on 01761 419 427, e-mail us at email@example.com or fill out our item returns notice to tell us. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail then your cancellation is effective from the date you sent us the e-mail. If you call us to notify us of your cancellation, then your cancellation is effective from the date you telephone us.
9.5 We will provide you with a full refund (including basic delivery charges) as soon as possible. If you cancelled before you received any products, we will issue the refund no later than 14 days after the day on which you told us that you want to cancel. If you have sent Products back to us within 14 days of cancelling your order in accordance with clause 9.3, we will issue the refund no later than 14 days after the day we receive the returned Products. Please note that unless your products are faulty or misdescribed, you are responsible for the cost of returning the Products to us. If you returned the Products to us because they were faulty or mis-described, please see clause 9.6. For general returns please see clause 9.8.
9.6 If you have returned the Products to us under this clause 9 because they are faulty or mis-described, we will refund the price of a defective Product in full, any applicable delivery charges and any reasonable shipping charges incurred in returning the Products to us.
9.7 We refund you on the credit card or debit card used by you to pay.
9.8 If the Products were delivered to you:
(a) you must return the Products to us as soon as reasonably practicable;
(b) they must be returned to us in a new and unused condition, and to the extent possible, in their original packaging. We may make a deduction from the refund amount if you have handled the product in a way that has diminished the value of the product, if such handling was beyond what is necessary to establish the nature, characteristics and functioning of the products.
(c) unless the Products are faulty or not as described (in this case, see clause 9.6), you will be responsible for the cost of returning the Products to us, or, where relevant, the cost of us collecting the Products from you.
(d) you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.
9.9 As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 9 or these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
10. RETURN OF GOODS FOR BUSINESS CUSTOMERS
10.1 The provisions of this clause shall be without prejudice to the provisions of clause 16 governing defective goods. The provisions of this clause apply only to undamaged Products which you wish to return to us. For the avoidance of doubt, this clause shall not apply to any made to measure or custom-made products.
10.2 For a period of 14 days from the date of delivery of the Products you shall have the right to return the Products to us provided that:
(a) Payment in full has been made by you and received by us for the Products in question in accordance with clause 14;
(b) The returned Products are undamaged and are in a saleable condition, requiring no removal of defacing marks, labels or any other additional material which have been attached to the returned Products or their packaging;
(c) A returns form is completed by you and dispatached with the returned Products; and
(d) We are under no obligation to reimburse any sum paid to us by you for the returned Products or to return those Products back to you in the event that the requirements of clauses 10.2 a to c are not met.
10.3 The cost of returning any and all returned Products under this clause shall be borne exclusively by you.
10.4 Refunds shall be exclusive of any delivery charges. Any and all refunds due to you under this clause shall be made by us within 7 days of receipt of the returned Products in undamaged and saleable condition as set out in clause 10.2.
10.5 We shall dispatch a statement of returned goods to you upon receipt of the returned Products which shall set out the sums due to you by way of reimbursement including any deductions or set-off for damaged or otherwise non-saleable goods.
11. DELIVERY DATES AND COSTS
11.1 For information on delivery options and costs, go to [https://jakob.co.uk/jakob-shop-delivery-information/]. You will be given available delivery options to choose from when you place your order.
11.2 We do not deliver to any address outside of the UK. You may place an order for Products from outside the UK, but this order must be for delivery to an address in the UK.
11.3 Your order will be delivered on the selected delivery date or within the delivery period specified, depending on the delivery option you chose when you placed your order. We will deliver your order within 30 days of the shipping confirmation email unless otherwise agreed between you and us.
11.4 Any delivery dates stated during the order process, or in your order acknowledgment or shipping confirmation emails, are estimates, unless we have agreed a specific delivery date with you.
11.5 We will do all that we reasonably can to deliver your order within the delivery period or on the delivery date agreed with you. If your delivery is delayed, we will email you to let you know as soon as reasonably possible. However, we are not liable to you for any losses you incur if delivery is delayed because of circumstances beyond our reasonable control (for example, severe weather, accidents or unpredictable traffic delays).
12.1 We will deliver your order to the address specified by you when you placed your order.
12.2 If no one is available to take delivery, we will follow the delivery instructions you provided to us. If we are unable to follow your delivery instructions, we will notify you by email, cancel your order and refund you the price of the Products (but not the delivery charge).
12.3 Please examine the Products as soon as reasonably possible after delivery and notify us of any fault or damage as soon as reasonably possible.
12.4 Once your order has been delivered to your address or in accordance with the delivery instructions you provided to us, the risk in the products passes to you. This means that you are responsible for the products and we are not liable to you if the products are stolen or damaged after they have been delivered to you. This does not affect your legal rights if the products are faulty or misdescribed. Ownership of the Products passes to you once you have paid for them in full.
13. PRICE OF PRODUCTS AND DELIVERY CHARGES
13.1 The prices of the Products will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see clause 13.5 for what happens in this event.
13.2 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.
13.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
13.4 The price of a Product does not include delivery charges. Our delivery charges are as quoted on our site from time to time. To check relevant delivery charges, please refer to our Delivery Charges page (https://jakob.co.uk/jakob-shop-delivery-information/)
13.5 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
(a) where the Product’s correct price is less than the price stated on our site, we will refund the difference. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price; and
(b) if the Product’s correct price is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing and provide a full refund.
14. HOW TO PAY
14.1 You can pay for Products using a debit card or credit card. We accept the following cards: Visa credit and debit cards, Mastercard debit and credit cards, maestro.
14.2 Payment for the Products and all applicable delivery charges is in advance.
15. MANUFACTURER GUARANTEES
15.1 Some of the Products we sell to you come with a manufacturer’s guarantee. For details of the applicable terms and conditions, please refer to the manufacturer’s guarantee.
15.2 If you are a consumer, a manufacturer’s guarantee is 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.
16. OUR WARRANTY FOR THE PRODUCTS
16.1 For Products which do not have a manufacturer’s guarantee, we provide a warranty that on delivery and for a period of 12 months from delivery (the Warranty Period), the Products shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 16.2.
16.2 The warranty in clause 16.1 does not apply to any defect in the Products arising from:
(a) fair wear and tear;
(b) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
(c) if you fail to operate or use the Products in accordance with the user instructions;
(d) any alteration or repair by you or by a third party who is not one of our authorised repairers; or
(e) any specification provided by you.
16.3 If you are a consumer, this warranty is 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.
16.4 If you are a business customer, we may at our option repair, replace or refund the price of the defective Products that do not comply with clause 16.1 provided you:
(a) serve a written notice on us:
(i) during the Warranty Period in the case of defects discoverable by a physical inspection; or
(ii) in the case of latent defects, within one month from the date on which the Customer became aware (or should reasonably have become aware) of the defect;
(b) provides the Supplier with sufficient information as to the nature and extent of the defects and the uses to which the Goods had been put prior to the defect arising;
(c) gives the Supplier a reasonable opportunity to examine the defective Goods; and
(d) returns the defective Goods to the Supplier at the Customer’s expense.
17. OUR WARRANTY FOR THE PRODUCTS
This clause 17 only applies if you are a business customer.
17.1 Nothing in these Terms limit or exclude our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
(d) defective products under the Consumer Protection Act 1987.
17.2 Subject to clause 17.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
17.3 Subject to clause 17.1 and clause 17.2, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 100% of the price of the Products.
17.4 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
18. OUR LIABILITY IF YOU ARE A CONSUMER
This clause 18 only applies if you are a consumer.
18.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
18.2 If you are a Consumer you agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
18.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
19. EVENTS OUTSIDE OUR CONTROL
19.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 19.2.
19.2 An Event Outside Our Control means any act or event beyond our reasonable control including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
19.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
20. COMMUNICATIONS BETWEEN US
20.1 When we refer, in these Terms, to “in writing”, this will include e-mail.
20.2 If you are a consumer:
(a) To cancel a Contract in accordance with your legal right to do so as set out in clause 9, please contact our Customer Services telephone line on 01761 419 427 or e-mail us at firstname.lastname@example.org. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us. If you call us to notify us of your cancellation, then your cancellation is effective from the date you telephone us.
(b) If you wish to contact us in writing for any other reason, you can send this to us by e-mail at email@example.com or by pre-paid post to MMA Architectural Systems Ltd at 35c Fourth Avenue, Westfield Industrial Estate, Midsomer Norton, Somerset, BA3 4XE. You can always contact us using our Customer Services telephone line.
20.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
20.4 If you are a business:
(a) Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service, e-mail, or posted on our website.
(b) A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; if sent by e-mail, one Business Day after transmission; or, if posted on our website, immediately.
(c) In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
(d) The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
21. OTHER IMPORTANT TERMS
21.1 You are not allowed to transfer your rights under these terms to anyone without our prior written consent. We may transfer our rights under these terms to another business without your consent, but we will notify you of the transfer and make sure that your rights are not adversely affected as a result.
21.2 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
21.3 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
21.4 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
21.5 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
21.6 If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its 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.
21.7 If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).
21.8 We will not file a copy of the Contract between us.
Last updated: Jan 2022