Terms of Service
- These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and the JM Wholesale Ltd, 1 Brook Street, Whetstone, Leicester, LE8 6LA, United Kingdom, Company No.: 10569027, e-mail: email@example.com concerning your access to and use of our websites as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).
- You agree that by accessing the Site and using resources provided therein, you have read, understood, and agree to be bound by all of these Terms of Service. If you do not agree with all of these Terms of Service or have no legal capacity to be bound to them, then you are expressly prohibited from using the Site and resources provided therein, and you must discontinue the use immediately.
- These Terms of Service, your use of the Site, as well as contracts concluded with us are governed by and construed in accordance with laws of the United Kingdom. Those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
- All orders placed through the Site are subject to conditions specified in the order page and below.
- We dedicate our Site to become the UK’s largest wholesaler within the vaping, CBD and smoking category. we provide you with a broad choice of products you can order either through our Site or by contacting us directly (“Services”).
- To use our Services, you shall place an order through the Site using one of available payment methods, or contact us directly, where applicable. Payment processing companies are separate entities and after selecting their payment method, you may be subject to their Terms of Service they provide.
- All orders are processed within 15 business days (excluding weekends and holidays) after receiving your order confirmation email. You will receive another notification when your order has shipped.
- Shipping charges for your order will be calculated and displayed at checkout.
- We will contact you via e-mail to the address you provided at checkout to notify you on the day of our arrival.
- When your order has shipped, you will receive an email notification from us which will include a tracking number you can use to check its status. Please allow 48 hours for the tracking information to become available.
- If you haven’t received your order within 7 days of receiving your shipping confirmation email, please contact us to our e-mail address with your name and order number, and we will look into it for you.
Claims and complaints
- All complaints should be sent to the address indicated in section 1 above, by e-mail or traditional mail. The complaint should include:
- Your first and last name,
- Your Order Number,
- your mailing address and e-mail address,
- Description of the complaint (e.g. to what extent the order has not been fulfilled correctly).
- Expected state after settling the complaint.
- Complaints will be considered within 30 days of their receipt. The answer will be sent to the e-mail address provided by you.
- We may request you to provide information necessary to solve the request, specifying a period not shorter than 7 days and the scope of required information, with the instruction that failure to complete the request within the specified period will result in the request not being considered. After the expiry of the designated deadline, the complaint shall not be considered.
- Consumers enjoy possibilities of using out-of-court complaint and redress procedures. If you wish to follow such procedure, please contact us so we might suggest a procedure appropriate for your case.
- You can exercise the 14-day right of withdrawal, unless you exceed what is necessary to check the product, thereby giving up your right of withdrawal. Customized items are not subject to right to withdrawal. Items that cannot be reused for health and hygiene protection reasons, are not subject to right to withdrawal if their original package has been opened after delivery.
- Detailed information for persons entitled to the right to withdrawal:
- You have the right to withdraw from the contract within 14 days without giving any reason.
- The deadline to withdraw from the contract will expire after 14 days from the conclusion of the contract by placing an order.
- To exercise your right of withdrawal, you must notify us to the contact details specified in section 1 of the Terms of Service, of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent via the website or via e-mail).
- You can use the withdrawal template below, but it is not obligatory.
- In order to keep the deadline for withdrawing from the contract, it is enough for you to send information regarding the exercise of your right to withdraw from the contract before the deadline for withdrawal.
- The model withdrawal template that can be copied and completed only if you wish to withdraw from the contract is as follows:
- Addressee: (our details from section 1 of the Terms of Service)
- I (*) inform (*) about my withdrawal from the contract for the provision of the following services (*)
- The date of conclusion of the contract (*)
- Name and surname of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only if the form is sent in paper version)
- Consequences of withdrawal from the contract: In the event of withdrawal from this contract, we will refund all payments received from you, including the costs of delivering the product (except for additional costs resulting from the method of delivery chosen by you other than the cheapest standard delivery method offered by us), immediately and in any case, no later than 14 days from the date on which we were informed about the decision to exercise the right to withdraw from this contract. Refunds will be made using the same payment methods that were used in the original transaction, unless expressly agreed otherwise; in no event will you incur any fees related to this return.
- If you withdraw from the contract and request a refund, you are required to send us the ordered products at your own expense, to our address specified in section 1 of the Terms of Service.
- By using the Site, you represent and warrant that:
- All information you submit will be true, accurate, current, and complete.
- You will maintain the accuracy of such information and promptly update such registration information, as necessary.
- You have the legal capacity, and you agree to comply with these Terms of Service.
- You are not a minor in the jurisdiction in which you reside.
- You will not access the Site through automated or non-human means, whether through a bot, script, or otherwise.
- You will not use the Site for any illegal or unauthorized purpose.
- Your use of the Site will not violate any applicable law or regulation.
- If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
- Whenever you register with the Site, you agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
- We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time.
- We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
- We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors.
- We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site.
- Nothing in these Terms of Service will be construed to oblige us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
- Any legal action of whatever nature brought by either you or us (collectively, the “Parties” and individually, a “Party”) shall be commenced or prosecuted in the United Kingdom, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the United Kingdom.
- There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Site, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
- The site is provided on an as-is and as-available basis. You agree that your use of the site and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connections with the Site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranties or representations about the accuracy or completeness of the Site’s content or the content of any websites linked to the site and we will assume no liability or responsibility for any:
(1) errors, mistakes, or inaccuracies of content and materials,
(2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the site,
(3) unauthorized access to or use of our secure servers or all personal data or financial information stored therein,
(4) interruption or cessation of transmission to or from the site,
(5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party, and/or
(6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted or otherwise made available via the site. We do not warrant, guarantee, or assume responsibility for any product or service advertised, or offered by a third party through the site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you any third-party providers of products or services.
- As with making transactions through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
Limitations of liability
- To the fullest extent permitted by law, in no event will we our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Site and our Services, even if we have been advised of the possibility of such damages.
- You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Site and Services; (3) breach of these Terms of Service; (4) any breach of your representations and warranties set forth in these Terms of Service; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site.
- Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
- Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
- These Terms of Service and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision.
- These Terms of Service operate to the fullest extent permissible by law. We may assign any or all our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
- If any provision or part of a provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions.
- There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Service or use of the Site. You agree that these Terms of Service will not be construed against us by virtue of having drafted them.
- You hereby waive any and all defenses you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service.
- We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service at any time and for any reason. We will alert you about any changes to these Terms of Service, using the e-mail address you provided. If you do not agree with the updates to these Terms of Service, let us know within 7 days of receiving an alert. Lack of timely objection means you agree to the new version Terms of Service.
- These Terms of Service remain binding until you use or have a valid account on our Site and until you pay us all the remaining fees, commissions and remuneration, 2 years after that date, and later - to extent implied by the nature of rights and obligations created under these Terms of Service, in particular until the end of limitation periods for any legal claims.
- The Parties may agree an earlier termination of the Terms of Service.
- Your personal data controller is JM Wholesale Ltd., Industrial Unit, 319-321 St Saviours Road, Leicester LE5 4HG, United Kingdom, Company No.: 10569027.
- If you have any doubts related to the processing of your data, contact us at: firstname.lastname@example.org
- Your personal data is processed to:
- implementation and contracts with customers or contractors,
- if applicable - payment processing, billing, accounting, and financial reporting,
- implementation of obligations resulting from law,
- in controller’s legitimate interests, namely the marketing of its products and services,
- for the purposes indicated in the consent to the processing of personal data - if such consents were given.
We also process personal data in connection with the implementation of other legitimate interests of the controller, according:
- for the establishment, exercise or defence of legal claims,
- for statistical purposes related to the improvement of work efficiency, quality of provided services and adapting them to recipients.
- In principle, we process the data provided by you. If you did not provide us with your data, their source is an entity that had your consent to disclose it to the controller, or another valid legal basis. In this case, the obtained personal data includes the data necessary to conduct a given type of marketing activities (typically, these are first name, surname, e-mail address, telephone number and / or mailing address).
- The recipients of your personal data may be:
- Suppliers, subcontractors.
- Sales platforms and payment processing providers.
- Companies carrying out marketing activities.
- Companies that provide services or provide IT solutions.
- Companies archiving and shredding documents (in the case of paper documents related to the implementation of processing purposes).
- Companies providing courier and postal services (in the case of correspondence related to the implementation of processing purposes).
- Your personal data will be stored until you withdraw your consent or file an objection, i.e. show us in any way that you do not want to stay in touch with us and receive information about our activities. After the consent is withdrawn or an objection is raised, personal data may be stored for the purpose of demonstrating the correctness of compliance with the legal obligations incumbent on the controller or until the expiry of the limitation period for claims, depending on which period is longer. In the case of concluding an agreement with the controller, personal data will be processed by the duration of the contract and after its completion the expiry of limitation periods for filing legal claims.
- You enjoy the rights to access, rectify, erase, restrict processing, to data portability, and to object to data processing.
- If you believe that the processing of your personal data violates the provisions of the GDPR, you have the right to lodge a complaint with the supervisory authority.
- Providing personal data is voluntary, but necessary to achieve the purposes of processing indicated above.
- Your data will not be subject to automated decision making producing legal effects or a similarly significant impact.
The website automatically collects the information stored in cookie files. The website operator informs that “cookie files” or “cookies” are IT data, in particular text files, which are stored on the Website User's end device. Cookies usually contain the name of the website they come from, the storage time on the end device and a unique number. Cookies are used to:
- adjust the content of the Website pages to the user's preferences and optimize the use of websites; in particular, these files allow to recognize the website user's device and properly display the website, tailored to his individual needs.
- creating statistics that help to understand how Website Users use websites, which allows improving website structure and content.
- maintaining the website user's session.
The Website uses the following types of cookies:
- "Necessary" cookies, enabling the use of website services, e.g. authentication cookies used for services that require authentication on the website; cookie files used to ensure safety, e.g. used to detect fraud in the field of authentication through the Service.
- "Statistics" cookies, enabling the collection of information on the use of the Website pages and reporting information anonymously.
- "Functional" cookies, enabling "remembering" the settings selected by the User and personalization of the User's interface, e.g. in terms of the selected language or region of the User, font size, website appearance, etc.
- "Advertising" cookies, enabling the delivery of advertising content to Users more tailored to their interests.
- Using the Website involves sending queries to the server on which the Website is stored.
- Each query directed to the server is saved in the server logs. Logs include User's IP address, server date and time, information about the web browser and operating system used by the User.
- Logs are saved and stored on the server.
- The data stored in the server logs are not associated with specific people using the Website and are not used by the Controller to identify the User.
- The server logs are only auxiliary material used to administer the Website, and their content is not disclosed to anyone except those authorized to administer the server.
Cookie dialog (to provide when the user first opens your website)