Additional Terms For Consumers

Last updated: 02/09/2024, 11:18

1. Jog It On

The Jog it on Website (www.jogiton.com) is operated by us, Jogiton Online Limited, and provides an online auction facility through which sellers can sell and buyers can buy goods (the Services).

Jogiton Online Limited is a company registered in England and Wales under number 15010475 and whose registered office is at Mentor House, Ainsworth Street, Blackburn, Lancashire, BB1 6AY. Our VAT registration number is 454 4128 02. You can contact us at contact@jogiton.com.

1.1 These Additional Terms for Consumers only apply where a Consumer purchases goods using the Services and the seller is a Business Seller.

• A Consumer is an individual purchasing goods for purposes wholly or mainly outside of any trade, business, craft or profession.
• A Business Seller is someone selling goods in the course of their trade, business, craft or profession.

1.2 These Additional Terms for Consumers are to be read in conjunction with our General Terms and Conditions, our Acceptable Use Policy, our Privacy Policy, our Cookie Policy and any other terms and conditions or policies which we may from time to time notify you as being applicable to your use of the Services (which together we refer to as our terms and conditions).

1.3 Our General Terms and Conditions set out the terms and conditions applicable to all sellers and buyers who use our Services to sell or buy goods. These Additional Terms for Consumers set out the additional rights and responsibilities applicable where the buyer is a Consumer and the seller is a Business Seller (see clause 1.1 above) and contain certain key information required to be provided by law in such circumstances.

1.4 It is important that you read and understand all of the above referred to terms and conditions before using the Services. By confirming your agreement to these terms and conditions, or by accessing or using the Services, you agree to be legally bound by these terms and conditions, as they may be modified from time to time.

If you do not agree to any of our terms and conditions, you must not use our Services.

1.5 We reserve the right to change any of our terms and conditions at any time. Amendments will take effect when posted on our Website. However, the terms and conditions current as at the start of a particular transaction will apply until that transaction is completed. Every time you wish to use our Services please check these terms and conditions to ensure you understand the terms that apply at that time. We will try to give you reasonable notice of any major changes.

1.6 Please print out or save a copy of our terms and conditions for your records, as we will not save or file a copy for you. These terms and conditions are only available in English.

2. Our role

Jog It On is a place for sellers to auction and sell goods and for buyers to bid for and buy them. We do not have and never intend to have any contractual involvement in your transactions and at no stage do we ourselves auction, buy or sell or purport to auction, buy or sell any of the items displayed on our Website. Any disputes between buyers and sellers must be resolved directly or via the PayPal Resolution Centre: we will not become involved. We will not screen sellers on your behalf, and this is a feature of the relationship between you and us that you willingly accept.

3. Your legal rights

3.1 Below is a summary of your key legal rights when buying as a Consumer from a Business Seller:

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The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that up to 14 days after receiving your purchased items, in most cases, you can change your mind and get a full refund.

The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product you’re entitled to the following:

• up to 30 days: if your goods are faulty, you can get a refund;
• up to six months: if it can’t be repaired or replaced, then you’re entitled to a full refund in most cases;
• up to six years: if the goods do not last a reasonable length of time, you may be entitled to some money back.

Further information can be obtained from Citizens Advice please visit www.citizensadvice.org.uk or call 0800 1448848.

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3.2 Nothing in any of our terms and conditions affects your legal rights under the Consumer Rights Act 2015 (also known as your “statutory rights”).

4. Information to be provided

4.1 By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that a seller must give you certain key information before a legally binding contract between you and the seller is made. This key information will be shown in the listing information for an item, on the order details page before you purchase or bid for an item and on the confirmation of order email we will send you following your purchase.

4.2 The key information provided forms part of your agreement with the seller.

4.3 If a seller (or we on behalf of a seller) has to change any key information once a legally binding contract been made, it can only do this if you agree to it.

5. Your privacy and personal information

Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.

6. Delivery

6.1 The seller’s listing information for a listed item will specify whether they will deliver the item or whether it is for the buyer to arrange collection. The price of delivery and the estimated delivery time will also be shown in the listing information. Depending on the seller, you may be given available delivery options to choose from.

6.2 Your address for delivery must be within Great Britain (England, Scotland and Wales).

6.3 Unless you agree otherwise, if a seller cannot deliver your items within 30 days of the date of your purchase, the seller will:

6.3.1 let you know;

6.3.2 cancel your order; and

6.3.3 give you a refund.

6.4 You are responsible for the items once they have been collected by you or delivered to the address specified by you for delivery. In other words, the risk in the items passes to you when you take, or a third party acting on your behalf takes, possession of the items.

7. Right to cancel

7.1 You have a statutory right to change your mind and cancel your purchase with a seller within 14 days without giving any reason, unless the purchased items are

7.1.1 products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;

7.1.2 items that are made to your specifications or are clearly personalised;

7.1.3 sealed audio or video recordings or computer software, once these have been unsealed after you receive them; and

7.1.4 items which become mixed inseparably with other items after their delivery.

7.2 The cancellation period will expire after 14 days from the date of collection or delivery of the purchased item.

7.3 To exercise the right to cancel, you must inform the seller in writing of your decision to cancel the purchase by a clear statement (eg a letter sent by post or email) using the contact details given for the seller in the listing information for the item and in the order details page. You may use the Model Cancellation Form, but it is not obligatory.

7.4 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.

7.5 A seller may extend the cancellation period beyond the statutory minimum 14 day period and this will be shown on the item’s listing information and order details page. If the seller does extend the cancellation period, the references in this clause 7 to 14 days shall be extended accordingly.

8. Effects of cancellation

8.1 If you cancel a purchase in accordance with clause 7 (Right to Cancel), the seller must reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by the seller).

8.2 The seller may make a deduction from the reimbursement for loss in value of any items supplied, if the loss is the result of unnecessary handling by you.

8.3 The seller will make the reimbursement without undue delay, and not later than:

8.3.1 14 days after the day it receives back from you the purchased items; or

8.3.2 (if earlier) 14 days after the day you provide evidence that you have returned the items; or

8.3.3 if no items have been supplied, 14 days after the day on which the seller is informed about your decision to cancel your purchase.

8.4 The seller will make the reimbursement via PayPal.

8.5 The seller may withhold reimbursement until it has received the items back or you have supplied evidence of having sent back the items, whichever is the earliest.

8.6 If you have received the purchased items:

8.6.1 you must send back the items or deliver them to the seller without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of the purchase to the seller. The deadline is met if you send back the items before the period of 14 days has expired;

8.6.2 you will have to bear the direct cost of returning the items unless the seller has specified otherwise in its listing information; and

8.6.3 you are liable for any diminished value of the items resulting from the handling, other than what is necessary to establish the nature, characteristics and functioning, of the items.

9. Faulty Goods

9.1 Your key legal rights as a Consumer when buying from a Business Seller are set out in clause 3.1 above. Please refer to the listing information in determining whether items are faulty, as the seller should have described the condition of the item and any defects subject to which the item was offered for sale.

9.2 If you think an item is faulty or not as described, you should contact the seller directly using the contact details given for the seller in the listing information for the item and in the order details page.

10. Disputes

10.1 As highlighted above, the sale and purchase is between the seller and the buyer and Jogiton Online Limited is not a party to that transaction. We are not responsible for any issues arising between the seller and the buyer. At no stage during any transaction do or will we become contractually involved. Should any of the items displayed on our Website and subsequently sold via our Website prove unsatisfactory, we cannot be held responsible in any way due to the absence of our contractual participation in the transaction. We provide a forum for the transaction and do not, and do not purport to, buy or sell any of the items listed on our site.

10.2 All queries and complaints should in the first instance be addressed directly to the seller, whose contact details will be included in the listing information for the purchased item and in the order confirmation email you receive from us.

10.3 Any dispute relating to the sale and purchase of an item using our Services should be referred to PayPal who will endeavour to resolve it under its Buyer and Fraud Protection Program. For further details and for a copy of PayPal’s terms and conditions please see https://www.paypal.com/li/webapps/mpp/paypal-safety-and-security.

10.4 We must emphasise that under no circumstances will we accept the return of any items directly to us. Due to the absence of any contractual responsibility, Jogiton Online Limited is not able to accept any items that a buyer wishes to return. Any item to be returned must be returned to the seller and NOT to us.

11. Contact

If you have any questions or complaints about our Website, please contact us at contact@jogiton.com. Any notices that we may wish to draw to your attention will be displayed on our Website or emailed to you.

12. Applicable law

Each and every transaction carried out on or as a result of the Services is deemed to be completed within Great Britain and shall be governed by and interpreted in accordance with the law of England and Wales. Our terms and conditions (and any dispute, controversy, proceedings or claim of whatever nature in relation to them) shall be governed and interpreted in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction in relation to it.

13. Events beyond our control

Jogiton Online Limited will not be in breach of our terms and conditions or otherwise liable for any delay in performance to the extent that any delay or failure is due to circumstances beyond its reasonable control and including, without limitation, strikes, lock-outs and other industrial disputes, pandemic, breakdown of systems or network access, flood, fire, explosion or accident.

14. Invalidity

If any part of the terms of these rules are 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.

15. Entire agreement

Our terms and conditions, together with any document expressly referred to within their provisions, contain the entire agreement between us relating to the subject matter covered and supersede any previous rules, agreements, arrangements, undertakings or proposals, written or oral, between us in relation to such matters or any statements made to you by any person, including (without limitation) any of our employees or agents. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.