Please read all these terms and conditions.
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, just phone us on 01592 407 209.
Application of T&Cs
1. These Terms and Conditions will apply to the purchase of the services and goods by you (the Customer or you). We are Jumpin' Jacks Ltd, a company registered in Scotland under number SC739421 whose registered office is at 17, Edison House, Fullerton Rd, Glenrothes, KY7 5QR with email address jumpinjacks2022@outlook.com; telephone number 01592 407 209; (the Supplier or us or we).
2. These are the terms on which we sell all Services to you. By ordering any of the Services, you agree to be bound by these Terms and Conditions. You can only purchase the Services and Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.
Interpretation
3. Consumer means an individual acting for purposes which are wholly or mainly outside their trade, business, craft or profession;
4. Contract means the legally-binding agreement between you and us for the supply of the Services;
5. Delivery Location means the Supplier's premises;
6. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
7. Goods means any goods that we supply to you with the Services, of the number and description as set out in the Order;
8. Order means the Customer's order for the Services from the Supplier as submitted following the step-by-step process set out on the Website;
9. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;
10. Services means the services advertised on the Website, including any Goods, of the number and description set out in the Order;
11. Website means our website www.jumpinjacksglenrothes.co.uk on which the Services are advertised.
Services
12. The description of the Services and any Goods is as set out in the Website, fliers or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of any Goods supplied.
13. All Services which appear on the Website are subject to availability.
14. We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
Customer responsibilities
15. You must co-operate with us in all matters relating to the Services, including instructions given by our authorised employees and abide by any and all safety rules when at the Delivery Location and using the Services. By placing the Order via our website, you acknowledge and agree that you have read and understood our Rules as set out on the website www.jumpinjacksglenrothes.co.uk/safety-rules/.
16. Failure to comply with the above is a Customer default which entitles us to suspend the Services until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect.
Personal information
17. We retain and use all information strictly under the Privacy Policy.
18. We may contact you by using e-mail or other electronic communication methods and you expressly agree to this.
Basis of Sale
19. The description of the Services and any Goods in our website does not constitute a contractual offer to sell the Services or Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
20. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
21. A Contract will be formed for the Services ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event before any of the Services commence.
22. No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
23. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg by giving you rights as a business.
Fees and payments
24. The fees (Fees) for the Services, the price of any Goods (if not included in the Fees) and any additional or other charges is that set out on the Website at the date we accept the Order. Prices for Services are calculated on a fixed price as per the information you submit (eg. number of children in appropriate age categories).
25. Fees and charges include VAT at the rate applicable at the time of the Order.
26. You must pay by submitting your credit or debit card details with your Order and we can take payment immediately, or otherwise before delivery of the Services.
Delivery
27. We will deliver the Services, including any Goods, at the Delivery Location within the agreed period or, failing any agreement:
a. in the case of Services, within a reasonable time; and
b. in the case of Goods, without undue delay.
28. In any case, regardless of events beyond our control, if we do not deliver the Services on time, you can require us to reduce the Fees or charges by an appropriate amount (including the right to receive a refund for anything already paid above the reduced amount). The amount of the reduction can, where appropriate, be up to the full amount of the Fees or charges.
29. In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
a. we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
b. after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
30. If you treat the Contract at an end, we will (in addition to other remedies) promptly return all applicable payments for Goods made under the Contract.
Withdrawal and cancellation
31. You can withdraw the Order before payment is made without incurring any liability.
32. Cancellation Rights do not apply to a contract for the following goods and services (with no others) in the following circumstances:
a. services related to leisure activities, if the contract provides for a specific date or period of performance;
b. goods that are made to your specifications or are clearly personalised;
c. goods which are liable to deteriorate or expire rapidly.
33. Orders cannot be cancelled; however rescheduling may be possible only if requested via email (jumpinjacks2022@outlook.com) and only if no less than 24 hours prior to the date of delivery.
34. Orders can/cannot be transferred to someone else…
Conformity
35. We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
36. Upon delivery, the Goods will:
a. be of satisfactory quality;
b. conform to their description.
37. It is not a failure to conform if the failure has its origin in your Order.
38. We will supply the Services with reasonable skill and care.
39. In relation to the Services, anything we say or write to you, or anything someone else says or writes to you on our behalf, about us or about the Services, is a term of the Contract (which we must comply with) if you take it into account when deciding to enter this Contract, or when making any decision about the Services after entering into this Contract. Anything you take into account is subject to anything that qualified it and was said or written to you by us or on behalf of us on the same occasion, and any change to it that has been expressly agreed between us (before entering this Contract or later).
Conformity
40. We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
41. Upon delivery, the Goods will:
a. be of satisfactory quality;
b. conform to their description.
42. It is not a failure to conform if the failure has its origin in your Order.
43. We will supply the Services with reasonable skill and care.
44. In relation to the Services, anything we say or write to you, or anything someone else says or writes to you on our behalf, about us or about the Services, is a term of the Contract (which we must comply with) if you take it into account when deciding to enter this Contract, or when making any decision about the Services after entering into this Contract. Anything you take into account is subject to anything that qualified it and was said or written to you by us or on behalf of us on the same occasion, and any change to it that has been expressly agreed between us (before entering this Contract or later).
Duration, termination and suspension
45. The Contract continues as long as it takes us to perform the Services.
46. Either you or we may terminate the Contract or suspend the Services at any time by suspension to the other if that other:
a. commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either cannot be fixed; or
b. is subject to any step towards its bankruptcy or liquidation.
47. On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected.
Successors and our sub-contractors
48. Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.
Circumstances beyond the control of either party
49. In the event of any failure by a party because of something beyond its reasonable control:
a. the party will advise the other party as soon as reasonably practicable; and
b. the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's above rights relating to delivery (and the right to cancel below).
Privacy
50. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
51. These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy (www.jumpinjacksglenrothes.co.uk/privacy/) and cookies policy (www.jumpinjacksglenrothes.co.uk/cookies/).
52. For the purposes of these Terms and Conditions:
a. 'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to the GDPR.
b. 'GDPR' means the UK General Data Protection Regulation.
c. 'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.
53. We are a Data Controller of the Personal Data we Process in providing the Services and Goods to you.
54. Where you supply Personal Data to us so we can provide Services and Goods to you, and we Process that Personal Data in the course of providing the Services and Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
a. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
b. we will only Process Personal Data for the purposes identified;
c. we will respect your rights in relation to your Personal Data; and
d. we will implement technical and organisational measures to ensure your Personal Data is secure.
55. For any enquiries or complaints regarding data privacy, you can e-mail: jumpinjacks2022@outlook.com.
Excluding liability
56. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) death or personal injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this, we are not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to your business, trade, craft or profession which would not be suffered by a Consumer - because we believe you are not buying the Services and Goods wholly or mainly for your business, trade, craft or profession.
Governing law, jurisdiction and complaints
57. The Contract (including any non-contractual matters) is governed by the law of Scotland.
58. Disputes can be submitted to the jurisdiction of the courts of Scotland or, where the Customer lives in England and Wales or Northern Ireland, in the courts of respectively England and Wales or Northern Ireland.
59. We try to avoid any dispute, so we deal with complaints as follows: If there are any issues or complaints during the session, customers should let a manager know. For issues or complaints not relating to a specific session visit, customers should contact us via email. We aim to respond within 5 business days.
Attribution
60. These terms and conditions were created using a document from Rocket Lawyer (https://www.rocketlawyer.com/gb/en).
