Terms and Conditions

________________________________________________________________________

Last Modified: May 08, 2024

Welcome to JH Mayor! 

The website, www.jhmayor.com (the “Website”), is owned and controlled by John Hy. Mayor & Sons Ltd operating in accordance with the laws of England and Wales with company number 00348670 (hereinafter “the Company,”  “we,” “us,” or “our”)

The Company offers the Website to you subject to your acceptance of these Terms and Conditions, Shipping Policy, and Privacy Policy as amended (collectively referred to as the “Agreement”). 

Please read this Agreement before accessing the Website and placing any orders. Unless otherwise required by law, all product sales will be governed by the Agreement effective when you place your order. 

IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT ORDER ANY PRODUCT THROUGH OUR WEBSITE. 

Table of Contents

1. Definitions and Interpretation
2. Eligibility
3. Account Registration and Safety
4. Product Descriptions and Specifications
5. Order Placement and Acceptance
6. Payment Policy
7. Cancellation, Return and Refund Policy
8. B2B Terms of Sale
9. User-Generated Content
10. Intellectual Property
11. Account Termination
12. User Conduct
13. Feedback
14. Disclaimer of Warranties
15. Limitation of Liability
16. Indemnification
17. Governing Law and Jurisdiction
18. Amendments
19. Force Majeure

1. Definitions and Interpretation

The following words, whenever used in this Agreement, shall have the meaning as defined hereunder:

The headings of sections in this Agreement are merely for ease of reference and will not influence the interpretation of the Agreement. Using masculine, feminine, or neuter genders and singular or plural numbers will not result in exclusions or restrictions in this context. All pronouns will be considered masculine, feminine, neuter, singular, or plural, as the identity of the individual or organisation necessitates.

1. Eligibility

To place an order through the Website or sign up for a user account on the website, you must meet the following eligibility criteria: 

1. You must be 18 years of age or older and have the legal capacity to enter into a binding contract with the Company, and; 

1. If you enter into this Agreement on behalf of a legal entity, you represent and warrant that:
   1. You meet the criteria in Section 2.1 above;
   2. The legal entity you represent is duly organised and operating in accordance with the laws of the United Kingdom;
   3. You have the authority to act on behalf of such a legal entity, including the authority to bind the former to this Agreement and all obligations arising from the use of the Website, including any payment obligations for orders you place through the website.

1. Account Registration and Safety

When you sign up for an account, you will be required to provide us with personal information such as your full name and email address (‘personal data’). Any act of providing incorrect personal data shall constitute a material breach of this Agreement. It is solely your responsibility to keep your personal data up to date and notify us of any change in your personal data. We process all personal data in accordance with our Privacy Policy. We advise you to carefully review our Privacy Policy before accessing our website and only use our website if you agree with our privacy practices. You acknowledge and agree that we issue all user accounts at our sole discretion. We may decline to provide a user account to any user without giving any reason for our decision. 

You agree to keep your user account credentials (login email and password) confidential. If you suspect any unauthorised activity on your user account, please immediately notify us at [INSERT CONTACT LINK]. You release us from any liability arising from or associated with unauthorised access to your user account.

1. Product Descriptions and Specifications

   1. Product Descriptions

We strive to provide accurate and comprehensive descriptions for all products we sell. All product descriptions available on the Website are based on the technical specifications provided by the manufacturers and on our own assessments. If a product you wish to purchase is not described on the Website, you may contact our sales team at sales@jhmayor.com to obtain the required product information. 

1. Accuracy of Descriptions

We strive to ensure that all product descriptions and prices displayed on our Website are accurate and up-to-date. Despite our best efforts, occasional errors may occur, and some information may be incomplete, outdated, or inaccurate. Specifically:

1. Product Images

While we endeavor to provide clear and accurate product representations through our photographs and descriptions, we cannot guarantee that your device’s display of colours, textures, or details will reflect the product accurately. Variations may occur due to the natural characteristics of materials and differences in display settings and screen resolutions.

1. Errors and Corrections

We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information on our Website at any time without prior notice. If there is an error in the price of your ordered product, we will contact you with the option to either confirm your order at the correct price or cancel your order. Please note that if we do not receive any response from you within 48 hours of our email, we reserve the right to cancel your order. 

We are not under any legal obligation to accept orders at a lower price due to any errors in pricing on the Website. 

We also reserve the right to change product prices or withdraw promotional offers without prior notice. 

1. Acknowledgement of Variability

Given the nature of the materials that we supply, variations in texture, colour, and form are inherent and should be expected. For example, timber may have variations in grain pattern, colour, and texture due to its organic nature. These natural variances are not considered defects.

1. Product Specifications

Each product listed for sale is specified with characteristics that might include dimensions, weight, material composition, standard compliance, and usage recommendations. We provide these specifications to help you make an informed decision before purchasing.

1. Product Updates

We reserve the right to alter product specifications without notice. Changes may be made to reflect product improvements, availability of materials, manufacturing processes, or regulatory compliance.

1. Usage Recommendations

Specific usage recommendations may be provided with some products, including but not limited to, recommended storage conditions, any pre-treatment requirements, and suitability for certain environments.

1. Compliance and Standards

All products comply with relevant UK standards and regulations.  

By purchasing products from our Website, you acknowledge and agree to these terms regarding product descriptions and specifications. We encourage you to contact our sales team for clarification or further information on any of our products. 

1. Order Placement and Acceptance

You are not required to create a website account to place an order. 

All products listed on the website, including those in your shopping cart, are subject to availability. You can select and add products you wish to purchase to your shopping cart. Please carefully review your shopping cart, including product prices, sizes, weight, quantities, applicable taxes, delivery and handling charges, before proceeding to the checkout page and authorising the payment. You acknowledge and agree that by submitting your order on the website, you are offering to purchase the ordered product(s). 

You understand and accept that products that are sold out may not come back in stock and may be removed from our website. If you order multiple products as part of the same transaction and some of the ordered products are unavailable, we may fulfil your order in part by removing any out-of-stock products from your order. You will only be billed for the products specified in our order confirmation email. 

We may decline your order for any reason at our sole discretion, including but not limited to:

• If we do not service your area; 
• If the ordered product is unavailable; 
• Any pricing errors on our website at the time you placed your order; 
• If we are unable to bill your payment method for your order; 
• Your non-compliance with any provision of this Agreement.

If we cannot accept your order, we will contact you by email and inform you of the same.

1. Payment Policy

We accept all major credit and debit cards on our website. We prioritise the security of your transactions. All payments are processed through secure payment gateway Stripe, Inc. We do not store credit card details on our servers. Payments must be authorised and cleared before we dispatch any orders. If your payment cannot be processed, your order will be cancelled, and we will notify you by email to attempt the transaction again or choose a different payment method. All product prices are displayed in GBP (British Pounds), and transactions are processed in GBP.  If you believe there has been a billing error or unauthorised charge on your purchase, please contact us immediately at sales@jhmayor.com. We will work with you and your payment provider to resolve any issues as quickly as possible. Refunds for cancelled orders or returned products will be processed according to our Cancellation and Returns Policy. Refunds will be issued to the original method of payment unless otherwise specified. We reserve the right to modify this payment policy anytime, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website.

1. Cancellation, Return and Refund Policy

   1. Statutory Cancellation Rights
      1. Standard Products

You have the statutory right to cancel the purchase of your standard order within 14 days of delivery without giving any reason.  

1. Bespoke or Made-to-Order Products

For products made to your specifications, the abovementioned right to cancel within 14 days does not apply. Cancellation is not possible after the payment for such a product is successfully processed, and you expressly acknowledge at the time you place your order that by submitting your order, you are waiving your right to cancel your order after the payment has been processed.  

1. Cancellation Procedures for Standard Products
   1. Business Hours

For the purposes of processing orders, customer service, and handling cancellations and inquiries, the official business hours of the Company are as follows:

• Monday to Friday: 7:00 AM to 5:00 PM 
• Saturday: 8:00 AM to 4:00 PM 
• Sunday: 10:00 AM to 4:00 PM  

Please note that these hours are subject to change during public holidays and special events. Any changes to our business hours will be communicated through our website. You are encouraged to place orders or submit inquiries during these hours to ensure a prompt response. Orders placed outside of business hours will be processed on the next business day.

1. Before Dispatch: Orders for standard products can be cancelled without any fee if the cancellation request is made:
   1. During business hours on the same workday as you placed your order.
   2. For orders placed outside of business hours, cancellation requests must be sent before 10:00 AM of the following workday.
   3. Cancellation requests must be communicated to us by email at cs@jhmayor.com or by phone at 01257451303. 

1. After Dispatch: Orders for standard products cannot be cancelled after they have been dispatched. Eligible products (standard products) may still be returned to us within 14 days of delivery in accordance with the returns procedure outlined in Section ‘7.3 Return of Products’ below.   

1. Return of Products
   1. Standard Product Returns: If you wish to return a standard product, your return must be initiated within 14 calendar days of delivery. To initiate a return, please contact us by email at cs@jhmayor.com or by phone at 01257451303 for return merchandise authorisation “RMA” and detailed return instructions. Subject to all applicable provisions of this Agreement, you may request a return of either the full or partial order. Please note that you will be required to provide us with your order number, the shipping address where the order was delivered at the time you submitted your return request and the reason for your return. We will provide you with an RMA number once we receive all the relevant information. Please note that an RMA number must be issued before returning any product. You cannot return a product if you have not received an RMA number. 

1. Cost of Returns: Excluding returns as specified in Section 7.3.3. ‘Faulty or Incorrect Products’ below, you are responsible for the direct cost of returning all non-faulty or incorrect products, including a restocking fee of up to 20% of the total sale price of the returned product and an additional £10 plus VAT bag charge where your order utilised a bulk bag. 

You may return the product using our collection service or ship the product to our returns address using any third-party shipping service provider. Please note that regardless of whether you select our collection service or use a third-party shipping service provider, you will be solely responsible for the cost of returns. If you use our collection service, the collection fee will be deducted from your refundable amount. 

Please note that the aforementioned return fee applies only to returned products that are not faulty or incorrect and are returned within 14 calendar days of delivery. 

1. Faulty or Incorrect Products: If the products you receive are faulty, not as described, or incorrect, you have the right to request a repair, replacement, or refund under the Consumer Rights Act 2015. Please inspect your order at the time of delivery. If you find any discrepancies, such as missing, damaged, or incorrect items, report them to us immediately. You must notify us by email at cs@jhmayor.com or by phone at 01257451303 within two working days of the delivery.

1. Transfer of Risk: As soon as the products are delivered to you, you will assume full responsibility for them.

1. Inspection of Returned Products

We will inspect all returned products and reserve the right to reject any returns if the products are not in resalable condition or in their original packaging. Please note that some hard building materials, such as aggregates, stone, bricks, and other building materials, must be undamaged, unmarked, and unused to qualify for a return. Additionally, some products sold in packs may only be returned in their full, original pack quantities.

1. Refunds

Subject to Section 7.3 ‘Return of Products’ and Section 7.4 ‘Inspection of Returned Products’, all eligible refunds will be processed to the original method of payment within 14 days of our receipt of the returned products. 

1. Statutory Rights

The policies above are intended to supplement and not replace your statutory rights under the Consumer Rights Act 2015 and the Consumer Contracts Regulations 2013. If there is a conflict between our policy and your statutory rights, your statutory rights will prevail.

1. B2B Terms of Sale

Please note that this Agreement only governs the use of the website and sale of products from the Company to consumers. If you are a business and you wish to purchase the products for resale, please note that you will be governed by our B2B Terms of Sale, which are not included in this Agreement. Please contact us to discuss your business and how you can purchase our products by writing to sales@jhmayor.com.

1. User-Generated Content

The Company may, in its sole discretion, enable users to contribute content on the website and/or our social media pages on third-party platforms, including but not limited to product reviews and user questions (collectively “user-generated content”). When you contribute your user-generated content to the website, you understand that such user-generated content is, by its nature, publicly visible and not considered confidential.

By contributing user-generated content on the website, you further grant the Company and its authorised personnel the right to identify you as the author of such user-generated content where appropriate and/or if required by law.

Furthermore, by contributing user-generated content on the website and social media pages, you expressly grant us an irrevocable, perpetual, royalty-free, transferable, sub-licensable, worldwide license to use, store, copy, distribute, reproduce, modify, adapt, publish, display, sell, create derivative work or share, in print or on any digital media, any of your user-generated content. 

Please note that user-generated content is the sole responsibility of the user who originally published the user-generated content, and the Company will not be held liable for the accuracy, legality or authenticity of any user-generated content. 

1. Intellectual Property

The Company and its licensors are the owners of intellectual property rights in all content available on the website, including any text, graphics, logos, trademarks, audio, video, interactive features, software, and the like (“Company Content”). You shall not copy, sell, resell, reproduce, republish, modify, distribute, or create any derivative work of any Company Content without the copyright owner’s consent. You are prohibited from removing any copyright, trademarks, and proprietary notices from any Company Content. 

The Company only grants you a personal, non-exclusive, non-transferable, non-sublicensable, and revocable limited license to use the Company Content only for your personal and non-commercial use. Nothing in this Agreement grants you any legal rights that are not expressly granted in this Agreement.

1. Account Termination

   1. Termination by the user 

You may terminate your account at any time by accessing the account settings or by contacting us at [INSERT EMAIL ADDRESS] with the words ‘account termination’ in the subject line.

1. Termination by the Company

We reserve the right to terminate your account at any time without giving prior notice to you if we find that: 

• You have violated any provision of this Agreement; 
• You have violated any applicable laws; or
• Your conduct is harmful to us or any of the other users.

1. Consequences of Termination

After your account is terminated, you will not be able to reactivate your account, and you will lose all data associated with your account. 

1. User Conduct

Your use of the Website and Company Content is subject to the following conditions:

1. You will not create multiple accounts on the Website;
2. You will not use the Website for any illegal or unlawful purposes;
3. You will not post any content on the Website or our social media pages on third-party platforms that may be potentially or actually harmful to the Company or another person;
4. You will not post any defamatory content or content that may be deemed libellous or threatening to the Company, its employees, affiliates, or any user;
5. You will not use any computer programming routines that may damage, modify, delete, or interfere with any system or network connected to the Website; 
6. You will not use any robot, data mining, or other retrieval tools to scrape any data/information from any part of the Website;
7. You will not reformat or frame any portion of the Website.

1. Feedback

We welcome your feedback and input on our Website and products and how we can improve them. Although we love to receive feedback, we want to avoid all misunderstandings as to the nature of this communication. When you send your feedback, you understand that you are granting us the full and exclusive rights to use, copy, transmit, publish, distribute, publicly display, publicly perform, create derivative works of, or otherwise exploit your feedback in any form or media now known or hereinafter developed without any restriction or compensation to you, now or ever in the future. You acknowledge and agree that your feedback will be treated as non-confidential.

1. Disclaimer of Warranties

THE WEBSITE AND ALL INFORMATION CONTAINED THEREIN ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. THE COMPANY AND ITS OFFICERS DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, OR NON-INFRINGEMENT. 

THE COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR OFFER ANY WARRANTIES THAT: 

1. THE WEBSITE WILL MEET YOUR REQUIREMENTS; 
2. THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR IN ANY PARTICULAR LOCATION; 
3. THE WEBSITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE;
4. ANY ERRORS OR DEFECTS WILL BE RECTIFIED; 
5. THE WEBSITE WILL BE ACCURATE, RELIABLE, AND FREE OF VIRUSES AND OTHER HARMFUL CODE.

THE COMPANY DOES NOT OFFER ANY GUARANTEE OR MAKE ANY PROMISES REGARDING ANY SPECIFIC RESULTS FROM THE USE OF THE WEBSITE. YOUR DECISION TO USE OUR WEBSITE IS ENTIRELY AT YOUR OWN RISK. 

1. Limitation of Liability

IN NO EVENT SHALL THE COMPANY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY NATURE, INCLUDING LOSS OF SAVINGS, COSTS OF ACQUIRING SUBSTITUTE PRODUCT OR OTHER COSTS, ARISING OUT OF OR ASSOCIATED WITH THE USE OF THE WEBSITE, ANY CONTENT AVAILABLE ON THE WEBSITE OR ANY PRODUCTS PURCHASED FROM THE WEBSITE, EVEN IF THE COMPANY WAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF LIABILITY CONTAINED IN THIS AGREEMENT SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT SHALL THE COMPANY AND ITS OFFICERS AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY EXCEED THE TOTAL PURCHASE PRICE PAID BY YOU FOR THE PRODUCTS THAT GAVE RISE TO THE CLAIM. 

1. Indemnification

You agree to release, defend, indemnify, and hold harmless the Company, its founders, employees, affiliates, and subsidiaries against any claims, liabilities, charges, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:

1. Your breach of this Agreement; 
2. Your user-generated content;
3. Your violation of applicable law;

1. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of England and Wales without giving effect to any principles of conflict of laws. You hereby agree to submit to the exclusive jurisdiction of English courts to resolve any disputes arising out of this Agreement.

1. Amendments

The Company reserves the right to update this Agreement at any time without giving any prior notice. Where we make any changes to this Agreement, we will update the last modified date on the top of the page where this Agreement appears. All amendments shall be effective from the date we publish the updated version on the website. You are advised to periodically review this Agreement to familiarise yourself with any material changes. Your continued use of the Website after the effective date of any amendments shall constitute your acceptance of such amendments.

1. Force Majeure

The Company shall not be liable for the failure to perform any of its obligations in this Agreement if such failure is caused by any force majeure event such as war, epidemic, insurrection, terrorist activities, government sanction, embargo, labour dispute, strike, or any interruption or any failure of electricity or server, system, computer, internet or telephone service.