Terms of Sale
Last Updated 9th October 2026
BACKGROUND:
These Terms of Sale, together with any and all other documents referred to herein, set out the terms under which Paid Content and Goods are sold and provided by Us through this website, https://jobycarter.com/ (“Our Site”). Please read these Terms of Sale carefully and ensure that You understand them before ordering any Paid Content or Goods from Our Site. You will be required to read and accept these Terms of Sale when ordering Paid Content or Goods. If You do not agree to comply with and be bound by these Terms of Sale, You will not be able to purchase anything through Our Site. These Terms of Sale, as well as any and all Contracts are in the English language only.
1. Definitions and Interpretation
1.1 In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:
“Consumer” means an individual customer who is to receive or use Our services comprising Paid Content or purchase Goods for their personal use and for purposes wholly or mainly outside the purposes of any business, trade, craft or profession;
“Contract” means a contract for the purchase and sale of Paid Content and/or Goods, as explained in Clause 7;
“Course” or “Workshop” means a course or workshop consisting of group sessions virtually or in-person with Us in which you will receive access to Paid Content. The length of the Course or Workshop shall be detailed in the description on Our Site;
“Data Protection Legislation” means all applicable legislation in force from time to time in the United Kingdom applicable to data protection and privacy including, but not limited to, the UK GDPR (the retained EU law version of the General Data Protection Regulation ((EU) 2016/679), as it forms part of the law of England and Wales, Scotland, and Northern Ireland by virtue of section 3 of the European Union (Withdrawal) Act 2018); the Data Protection Act 2018 (and regulations made thereunder); and the Privacy and Electronic Communications Regulations 2003 as amended;
“Goods” means the goods sold by Us through Our Site;
“Paid Content” means the digital content which includes but is not limited to virtual or in-person Courses and Workshops sold by Us through Our Site;
"Order” means Your order for Paid Content or Goods;
“Order Confirmation” means our acceptance and confirmation of Your Order;
“Premises” means Unit 18 Rockhaven Business Centre Gravenchon Way Street Somerset BA16 0HW
“We/Us/Our” means Carters Entertainment Limited t/a Joby Carter a company registered in England under company number 04330842 and whose registered office address is 2c Arragon Gardens, London, England, SW16 5LX; and
“You/Your” means the consumer that purchases Paid Content or Goods.
2. Information About Us
Our Site, https://jobycarter.com/ is owned and operated by Us.
3. Access to and Use of Our Site
3.1 Access to Our Site is free of charge.
3.2 It is Your responsibility to make any and all arrangements necessary in order to access Our Site.
3.3 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to You in any way if Our Site (or any part of it) is unavailable at any time and for any period.
3.4 Use of Our Site is subject to our Website Terms of Use which you can find here. Please ensure that You have read them carefully and that You understand them.
4. Age Restrictions
4.1 You may only purchase Paid Content through Our Site if you are at least 18 years of age.
4.2 Services are only provided to individuals over the age of 18 unless consent is given by a parent or guardian. If You wish to acquire Our Services as a parent or guardian please contact Us prior to making a purchase.
4.3 We strive to provide a safe and inclusive learning environment for all participants of Paid Content. However, please be advised that some Courses and Workshops may not be suitable for individuals with certain health conditions, including but not limited to asthma, respiratory difficulties, and physical disabilities due to accessibility constraints.
4.4 We use spirit-based paints during some Courses and Workshops. By enrolling in our Paid Content, You acknowledge that it is Your responsibility to assess whether the Course or Workshop is suitable for Your individual health and physical condition. We strongly recommend that individuals with pre-existing health conditions seek medical advice before attending any of our Courses or Workshops.
4.5 While Our team is available to answer any questions You may have regarding Course or Workshop content and structure, it is ultimately Your responsibility to make an informed decision regarding your participation in the Paid Content. We will not be held liable for any adverse effects or consequences arising from Your attendance without seeking appropriate medical advice.
4.6 Please note that no refunds will be provided if You choose to attend a Course or Workshop and subsequently find it unsuitable for Your health or physical condition.
5. Business Customers and Consumers
5.1 These Terms of Sale deal with business customers and Consumers. If You are a Consumer, (that is, not in connection with, or for use in, their trade, business, craft of profession), You will additionally benefit from Clause 10.
5.2 For the avoidance of doubt business customers may not rely upon the terms set out in Clause 10.
6. Goods, Paid Content, Gift Vouchers, Pricing and Availability
6.1 We make all reasonable efforts to ensure that all general descriptions of the Paid Content available from Us correspond to the actual Paid Content that will be provided to You. However, please note that the exact nature of the Paid Content may vary depending on the Paid Content you have purchased and Your individual requirements and circumstances.
6.2 We make all reasonable efforts to ensure that all descriptions and graphical representations of Goods available from Us correspond to the actual Goods. Please note, however, the following:
6.2.1 Images of Goods are for illustrative purposes only. There may be slight variations in colour, shape and size between the image of a product and the actual product sold due to differences in the production of the products and the reaction of computer displays and lighting conditions;
6.2.2 Images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of Goods may vary; and
6.2.3 Due to the nature of the Goods sold through Our Site, there may be up to a 5% variance in the size, dimensions, measurements or weight of those Goods between the actual Goods and the description.
Artwork, One Off Pieces, General Release, Limited Release and Authentic Pieces
6.3 The following shall apply to all bespoke one-off pieces:
6.3.1 All bespoke, one-off pieces are unique and crafted to individual specifications. Due to the personalised nature of these items, they cannot be returned or refunded simply because You have changed Your mind. This does not affect Your statutory rights where Goods are faulty, damaged or not as described. We encourage You to communicate any preferences or specifications clearly during the ordering process.
6.4 The following shall apply to all general release pieces:
6.4.1 If artwork is marked as a "General Release," on Our website it signifies that there may be multiple copies of the same piece available for purchase. Please be aware that while these pieces share a common design, each item may have slight variations due to the nature of artistic production.
6.5 The following shall apply to limited release pieces:
6.5.1 For artworks marked as a "Limited Release," Our Website will specify the exact quantity being released. This limited quantity adds exclusivity to the artwork, and once the allocated number is sold, no further copies will be made available.
6.6 The following shall apply to authentic pieces:
6.6.1 When described as an "Authentic Piece" on Our Website, you will receive a certificate confirming the authenticity of the artwork. This certificate serves as documentation of the uniqueness and origin of the piece, adding value to your acquisition.
6.7 The creation of bespoke, personalised, and authentic pieces of artwork involves significant time and resources. Occasionally, in the event that such artworks sustain damage during the shipping process, We may be unable to recreate them. While We will make every effort to address and rectify any damage incurred, in cases of severe damage, We will offer you a refund. Your satisfaction is our priority, and We aim to ensure that you receive your artwork in the best possible condition.
6.8 Please note that sub-Clauses 6.1 and 6.2 do not exclude Our responsibility for mistakes due to negligence on Our part and refer only to variations of the correct Paid Content and Goods, not to different Paid Content and Goods altogether.
6.9 We neither represent nor warrant that all Paid Content and Goods will be available at all times and cannot necessarily confirm availability until confirming Your Order.
6.10 We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. Changes in price will not affect any Order that You have already placed.
6.11 All prices are checked by Us when We process Your Order. In the unlikely event that We have shown incorrect pricing information, We will contact You in writing before proceeding with Your Order to inform You of the mistake and to ask You how You wish to proceed. We will give You the option to purchase the Paid Content or Goods at the correct price or to cancel Your Order (or the affected part thereof). We will not proceed with processing Your Order until You respond. If We do not receive a response from You within 7 calendar days, We will treat Your Order as cancelled and notify You of the same in writing.
6.12 In the event that the price of Paid Content or Goods that You have ordered changes between Your Order being placed and Us processing that Order and taking payment, You will be charged the price shown on Our Site at the time of placing Your Order.
6.13 Some Paid Content which consists of live Course or Workshop sessions may be recorded. If you have purchased Paid Content and we confirm that a session will be recorded you will be notified by email and sent the recording within 48 hours of the live session. Once you receive the recording it is your responsibility to download and save the recording within 48 hours after which time it will be deleted and you will no longer be able to access the recording via the link.
Gift Vouchers and Course and Workshop Non Attendance
6.14 Gift certificates/vouchers available for purchase on our website are valid against all Paid Content and Goods. However, please note that they have a validity period of 12 months from the date of purchase. It is important to use the voucher within this timeframe to ensure its applicability.
6.15 If you cannot attend the Paid Content in the context of Course or Workshop, We may, at Our absolute discretion and subject to factors determined by Us, permit You to nominate another person to attend in Your place. This is subject to the following conditions:
6.15.1 You provide Us with at least 14 calendar days’ notice that You cannot attend;
6.15.2 Any substitute attending in your place will be bound by these Terms of Sale. It is your responsibility to ensure they have read and understood these Terms of Sale and that they meet any age restrictions or other specific requirements applicable to the Course or Workshop you have purchased; and
6.15.3 If You are unable to nominate a substitute, We do not approve Your nominated substitute, or You provide less than 14 days’ notice of the substitution request, the contract will be treated as a cancellation by You and sub-clause 11 shall apply.
In Person Courses and Workshops
6.16 Please note that dogs may occasionally be present at Our Premises during in-person Courses and Workshops. If You have any concerns about dogs, including due to allergies, anxiety, cultural sensitivities or any other reason, please contact Us before booking so that We can discuss this with You and, where reasonably possible, make appropriate arrangements.
6.17 Unless otherwise specified in the relevant Course or Workshop description or booking confirmation, all in-person Courses and Workshops shall always take place on Our Premises. It shall be your responsibility to ensure that you have the required materials, which shall be explained to you either before or after purchasing the Paid Content, to perform the Course or Workshop. The length of the Course or Workshop along with any other important information shall be detailed on Our Website or provided to you in writing prior to or after your purchase.
6.18 You must be 18 or over to attend any in-person Course or Workshop.
6.19 Children and dogs or other pets are not permitted to attend or accompany You to any in-person Course or Workshop, unless agreed by Us in advance.
6.20 Due to the nature of the activities undertaken during in-person Courses and Workshops, You must wear suitable clothing and appropriate footwear. Open-toe shoes, sandals or other footwear which does not adequately protect the feet must not be worn.
6.21 During some of Our Courses and Workshops spirit-based paints may be used in the artistic process. You are advised to exercise caution when handling these materials. It is your responsibility to use spirit-based paint with care and adhere to the following health and safety guidelines:
6.21.1 Wear suitable clothing to protect the skin and clothing from potential contact with spirit-based paints.
6.21.2 Avoid loose or flowing garments that may come into contact with wet paint.
6.21.3 Spirit-based paints are toxic if ingested. You must refrain from eating, drinking, or smoking while using these materials. Wash hands thoroughly after handling the paint. 6.21.4 In the event of skin contact, wash affected areas immediately with soap and water. If paint comes into contact with the eyes, rinse thoroughly with water and seek medical attention. In case of ingestion, seek immediate medical assistance. By participating in a Course or Workshop, you acknowledge and accept these precautions. We shall not be held responsible for any injuries, damages, or health issues arising from the misuse or negligence in handling spirit-based paints. It is your responsibility to follow these guidelines for your safety and well-being.
Online Courses and Workshops
6.22 Online Courses and Workshops shall vary in length. It is your responsibility to ensure you read the description on Our Website prior to making a purchase to ensure that you can attend at the times and dates that the live sessions shall take place. If you are unable to attend, you shall receive a recording of the session subject to sub-clause 6.13 above. You shall not be entitled to a refund if you are unable to attend any or all the sessions.
6.23 If you purchase an online Course or Workshop, you acknowledge and agree that it is your responsibility to ensure you have a sufficient and suitable workspace for effective participation. We shall not be held responsible for any limitations or challenges arising from inadequate workspace conditions.
6.24 You are advised to consider the following when preparing your workspace:
6.24.1 You have a quiet area to work in without any distractions;
6.24.2 You have adequate lighting for clear visibility;
6.24.3 You have a stable internet connection to engage seamlessly. We are not responsible for any technical issues arising from your internet service provider;
6.24.4 You should use an up to date device or computer that is able to live stream sufficiently. We are not responsible for any issues you experience with your device or computer; and
6.24.5 You have the required materials, tools and software readily available as outlined in the Course or Workshop information We have provided. By enrolling in Our online Course or Workshop, you acknowledge that you have read and understood the workspace recommendations. We shall not be liable for any disruptions, limitations, or adverse outcomes resulting from inadequate workspace conditions.
7. Orders – How Contracts Are Formed
7.1 Our Site will guide You through the ordering process. Before submitting Your Order to Us You will be given the opportunity to review Your Order and amend any errors. Please ensure that You have checked Your Order carefully before submitting it.
7.2 No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acknowledgement of receipt of Your Order does not mean that We have accepted it. Our acceptance is indicated by Us sending You an Order Confirmation by email. Only once We have sent You an Order Confirmation will there be a legally binding contract between Us and You (“the Contract”).
7.3 Order Confirmations shall contain the following information:
7.3.1 Confirmation of the Paid Content and/or Goods ordered including full details of the main characteristics of the Paid Content such as date, time and location or the Goods such as quantity, colour and delivery details;
7.3.2 Fully itemised pricing for the Paid Content and/or Goods ordered including, where appropriate, taxes and other additional charges;
7.4 If We, for any reason, do not accept or cannot fulfil Your Order, no payment shall be taken under normal circumstances. If We have taken payment any such sums will be refunded to You as soon as possible and in any event within 14 calendar days.
7.5 If You change Your Order, We will confirm all agreed changes in writing.
7.6 We may cancel Your Order at any time before We begin providing the Paid Content and/or Goods in the following circumstances:
7.6.1 The required personnel and/or required materials necessary for the provision of the Paid Content or Goods are not available; or
7.6.2 An event outside of Our control continues for more than 90 days (please refer to Clause 17 for events outside of Our control).
7.7 If We cancel Your Order under sub-Clause 7.6 and We have taken payment any such sums will be refunded to You as soon as possible and in any event within 14 calendar days. If We cancel Your Order, You will be informed by email and the cancellation will be confirmed in writing by email.
7.8 Any refunds due under this Clause 7 will be made using the same payment method that You used when ordering the Paid Content or Goods. 8.
8. Payment
8.1 Payment for some of Our Paid Content or Goods must be made in advance. Price and payment details will be confirmed in the Order Confirmation. Your chosen payment method will be charged as indicated.
8.2 Payments due must be made in full, without any set-off, counterclaim, deduction, or withholding (except where any deduction or withholding of tax is required by law).
8.3 We accept payment by the payment methods made available to You at checkout on Our Site from time to time.
8.4 In addition to our standard payment options, certain Paid Content or Goods available for purchase on Our Site may offer the option to pay by instalments or other deferred payment arrangements through a third-party payment provider, including Shop Pay Instalments. By selecting any such option, You will enter into a separate contractual relationship directly with the relevant third-party payment provider. We are not a party to that agreement and you acknowledge and agree that:
8.4.1 Your use of the third-party payment option will be subject to the eligibility criteria and terms and conditions of the relevant payment provider.
8.4.2 Any fees, interest rates, payment schedules or other conditions relating to the third-party payment option will be determined by the relevant payment provider. It is your responsibility to review and understand those terms before proceeding with the transaction.
8.4.3 Payments made through the third-party payment option will be processed by the relevant payment provider. Any issues specifically relating to the provision of credit, instalments or payment processing should be raised directly with that provider.
8.4.4 Any personal or financial information provided to the third-party payment provider will be processed in accordance with that provider’s own privacy and data protection policies.
8.5 We reserve the right to add, modify, suspend or remove any third-party payment or credit option available through Our Site at any time.
9. Provision of the Paid Content
9.1 The Paid Content will be available to You on the dates and times detailed in the Order Confirmation. If You are a Consumer, You may have certain statutory cancellation rights during a cooling off period. Please refer to Clause 10 for more information.
9.2 If We require any information or action from You in order to provide the Paid Content, We will inform You of this as soon as is reasonably possible.
9.3 If the information You provide to Us is delayed, incomplete or otherwise incorrect, We will not be responsible for any delay caused as a result. If additional work is required from Us to correct or compensate for a mistake made as a result of delayed, incomplete or otherwise incorrect information or action that You have provided or taken, We may charge You a reasonable additional sum for that work.
9.4 In certain circumstances, for example where We encounter a technical problem, We may need to suspend or otherwise interrupt the Paid Content to resolve the issue. Unless the issue is an emergency that requires immediate action, We will inform You in advance by email before suspending or interrupting the Paid Content.
9.5 If you order an online Course or Workshop as part of the Paid Content you shall not be permitted to use any software or other device which allows you to record the Paid Content or share by way of streaming, copying or otherwise.
9.6 The information contained in any Paid Content You purchase shall be current, correct and valid at the time of Your purchase. We cannot guarantee that the information will remain current, correct and valid for any period of time thereafter.
9.7 The Paid Content We provide is for guidance only. You are not entitled to rely on it as professional advice and We shall not be liable for the results of any actions or inactions you take whilst using Our Paid Content.
10. Cancellations as a Consumer and “Cooling Off”
10.1 If You are a business customer and You have purchased Paid Content You are not entitled to a refund and sub-Clauses 10.2 to 10.9 do not apply to You.
10.2 If You are a Consumer, You will generally have a legal right to a “cooling off” period within which You can cancel the Contract for any reason. The start and end of that period will depend on whether You have purchased a Course or Workshop, digital content or Goods, as set out below.
Courses and Workshops
10.3 Where You purchase a Course or Workshop which is provided as a service, the 14-calendar-day cooling-off period begins on the day after the Contract is formed and the following shall apply:
10.3.1 If You ask Us to begin providing the Course or Workshop during the cooling-off period, You expressly request that We begin providing the service before the cooling-off period has expired.
10.3.2 If You cancel after We have begun providing the Course or Workshop during the cooling-off period, You may be required to pay Us an amount which is proportionate to the services provided up to the time You tell Us that You wish to cancel.
10.3.3 If the Course or Workshop has been fully performed during the cooling-off period, You will lose Your right to cancel once the service has been fully performed, provided that You expressly requested early performance and acknowledged that You would lose Your right to cancel once the service had been fully performed.
Digital Content
10.4 Where You purchase digital content which is supplied to You electronically, the 14-calendar-day cooling-off period begins on the day after the Contract is formed and the following shall apply:
10.4.1 If You wish to access or receive the digital content during the cooling-off period, You must expressly consent to Us supplying it before the cooling-off period has expired and acknowledge that You will lose Your right to cancel once supply of the digital content has begun.
10.4.2 Once supply of the digital content has begun following Your express consent and acknowledgement, You will no longer have the right to cancel the Contract in respect of that digital content.
Goods
10.5 You may cancel for any reason before We send the Order Confirmation.
10.6 If the Goods are being delivered to you in a single instalment, the cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the Goods.
10.7 If the Goods are being delivered in separate instalments on separate days, the cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the final instalment of Goods.
10.8 If you wish to end the Contract for this reason, you must inform Us within the cooling-off period. You may inform Us by email. Please state that you want to cancel and end the Contract, providing your name, address, details of your Order and, where possible, your email address and telephone number.
10.9 Your cancellation notice is effective from the date on which you send it. Provided you send your cancellation notice or contact Us directly by 23:59:59 on the final day of the cooling-off period, your cancellation will be valid and accepted.
10.10 Please note that this right to cancel Goods during the cooling-off period does not apply in the following circumstances:
10.10.1 If the Goods are sealed for health or hygiene reasons and you have unsealed them after receiving them;
10.10.2 If the Goods consist of sealed audio or video recordings or sealed computer software on physical media and you have unsealed them after receiving them;
10.10.3 If the Goods are likely to deteriorate quickly, for example, flowers or food;
10.10.4 If the Goods have been personalised or custom-made for you;
10.10.5 If the Goods have been inseparably mixed with other items (according to their nature) after you have received them.
11. Cancellation as a Consumer After the Legal Cancellation Period
11.1 If you cancel the Contract after the applicable statutory cooling-off period has expired, You will not automatically be entitled to a refund simply because you have changed your mind and the following shall apply:
11.1.1 If You cancel a Course or Workshop after the cooling-off period has expired, any refund will be at Our discretion and may take into account any costs We have incurred, the notice You have given Us and whether We are able to fill Your place.
11.1.2 If You change Your mind about Goods after the cooling-off period has expired, You will not be entitled to a refund unless You have a legal right to one, including where the Goods are faulty, damaged or not as described.
11.2 If You wish to cancel under this Clause 11, You must inform Us of Your decision to do so. You may do so in any way You wish in writing as follows:
11.2.1 Email: admin@jobycarter.com
11.3 We may ask You why You have chosen to cancel and may use any answers You provide to improve Our Paid Content in the future, however please note that You are under no obligation to provide any details if You do not wish to.
11.4 You may be entitled to cancel immediately by giving Us written notice in the following circumstances:
11.4.1 We breach the Contract in a material way and fail to remedy the breach within 14 calendar days of You asking Us to do so in writing; or
11.4.2 We go into liquidation or have a receiver or administrator appointed over Our assets; or
11.4.3 We change these Terms of Sale to Your material disadvantage; or
11.4.4 We are adversely affected by an event outside of Our control that continues for more than 90 days (as under sub-Clause 17.2.5).
11.5 Refunds under this Clause 11 will be issued to You within 14 calendar days and in any event no later than 14 calendar days after the date on which You inform Us that You wish to cancel. Refunds will be made using the same payment method You used when ordering the Paid Content.
12. Delivery, Risk and Ownership
12.1 Goods purchased through Our Site may be delivered using the delivery services and carriers available for Your delivery address at the time of Your Order. Goods ordered for delivery in the United Kingdom will normally be delivered within 30 calendar days after the date of Our Order Confirmation unless otherwise agreed or specified during the Order process (subject to delays caused by events outside of Our control, for which see Clause 17). Goods ordered for delivery outside of the United Kingdom may take longer depending on the destination and delivery service used. We will aim to provide you with an estimated time of delivery, but We will not be responsible for delays caused by events outside of Our control.
12.2 In the event of a delivery issue caused by inaccurate address information, We reserve the right to charge You for any additional shipping costs incurred.
12.3 It is Your responsibility to promptly update any changes to Your address information through Our customer service channels. Failure to provide accurate and up-to-date address information may result in delays, additional fees, or non-delivery of Goods.
12.4 If We are unable to deliver the Goods on the delivery date, the following will apply:
12.4.1 If no one is available at Your delivery address to receive the Goods and the Goods cannot be posted through Your letterbox, the postal provider will leave a delivery notice (where possible) or otherwise retain the Goods at the local sorting office or depot for collection;
12.4.2 If the Goods are not collected within the postal provider’s stated timeframe and are returned to Us, We will contact You using the details provided with Your Order. If You still wish to receive the Goods, You will be required to pay a further delivery charge before We resend the Goods. If You do not respond within 14 days of Us contacting You, We will treat the Contract as cancelled. In this case:
12.4.2.1 If We are notified by You that You no longer wish to receive the Goods, We will refund the cost of the Goods only and not the original delivery charge; and
12.4.2.2 If You do not contact Us within 14 days of Our notice and We have met Our delivery obligations, We reserve the right to retain the original delivery fee and the Goods themselves.
12.5 In the unlikely event that We fail to deliver the Goods within 30 calendar days, or longer in countries outside of the United Kingdom, of Our Order Confirmation (or as otherwise agreed or specified as under sub-Clause 12.1), if any of the following apply you may treat the Contract as being at an end immediately:
12.5.1 We have refused to deliver your Goods; or
12.5.2 In light of all relevant circumstances, delivery within that time period was essential; or
12.5.3 You told Us when ordering the Goods that delivery within that time period was essential.
12.6 Some Goods available on Our Site are fulfilled by a third-party fulfilment centre on Our behalf. As a result, We have no direct involvement in the packaging process of these Goods. Please therefore note the following:
12.6.1 The packaging of products fulfilled by the third-party fulfilment centre is solely determined by their internal processes and guidelines. While We strive to ensure the quality and safety of all Goods, We cannot guarantee or control the specific packaging methods employed by the fulfilment centre.
12.6.2 Rest assured, We work closely with our fulfilment partners to maintain the integrity of the Goods throughout the shipping process. If you have any concerns regarding the packaging of a specific product, please don't hesitate to contact Us, and We will do our best to address your enquiries.
12.7 You may cancel all or part of your Order if We fail to deliver your Goods in accordance with sub-Clause 12.1 provided that separating the Goods in your Order would not significantly reduce their value. Any sums that you have already paid for cancelled Goods and their delivery will be refunded to you within 14 days. Please note that if You are a consumer and any cancelled Goods are delivered to you, you must return them to Us or arrange with Us for their collection. In either case, We will bear the cost of returning the cancelled Goods.
12.8 Delivery will be deemed complete when the Goods have been delivered or marked as delivered by the courier to the address provided by You.
12.9 Ownership of the Goods passes to you once We have received payment in full of all sums due (including any applicable delivery charges). 12.10 Responsibility for (the risk in) the Goods will pass to you when delivery is complete. 12.11 Any refunds due under this Clause 12 will be made using the same payment method that you used when ordering the Goods.
Delivery of Restricted or Hazardous Goods (including Paint)
12.12 Certain products We sell, such as paint and other liquid substances, may be classified as hazardous goods under applicable transport regulations. These items will be shipped using appropriate packaging and labelling, in line with current legal and courier requirements.
12.13 Where legally required, a copy of the relevant Safety Data Sheet (SDS) will be included with the shipment or provided electronically.
12.14 You must ensure that the delivery address is suitable for receiving such goods, and that someone over the age of 18 is available to take delivery. We reserve the right to refuse delivery or cancel the Order if we believe that delivery of the Goods to Your address would breach applicable transport safety regulations or pose a risk to health, safety, or the environment.
13. Faulty, Damaged or Incorrect Goods
13.1 We are under a legal duty to supply Goods that are as described, of satisfactory quality and fit for purpose in accordance with the Consumer Rights Act 2015 where You are a Consumer.
13.2 If Goods are faulty, damaged, not as described or otherwise do not conform with the Contract, You may have a legal right to reject the Goods within 30 days of delivery and receive a refund.
13.3 If the 30-day short-term right to reject has expired, You may be entitled to require Us to repair or replace the Goods. If repair or replacement is impossible, unsuccessful, or cannot be provided within a reasonable time and without significant inconvenience to You, You may be entitled to a price reduction or to reject the Goods and receive a refund.
13.4 Your rights under this Clause do not apply where the problem has arisen because of misuse, accidental damage, normal wear and tear, failure to follow Our instructions, unauthorised alterations or repairs, or any other act or omission for which We are not responsible.
13.5 If You believe that Goods are faulty, damaged, not as described or otherwise do not conform with the Contract, please contact Us as soon as reasonably possible and provide details of the issue.
13.6 Where You are entitled to return Goods because they do not conform with the Contract, We will bear the reasonable cost of returning them.
13.7 Any refund due under this Clause will be made without undue delay and, where applicable, within 14 days of Us agreeing that You are entitled to a refund, using the same payment method used for the original purchase unless otherwise agreed.
13.8 Nothing in these Terms affects Your statutory rights as a Consumer.
14. Our Rights to Cancel
14.1 For Your rights to cancel the Contract, please refer to Clauses 10 and 11.
14.2 We may cancel the Paid Content after We have begun providing it due to an Event outside of Our control that continues for more than 90 days (as under sub-Clause 17.2.4), or due to the non-availability of required personnel and/or required materials necessary for the provision of the Paid Content. In such cases, You will only be required to pay for Paid Content that We have already provided up until the point at which We inform You that We are cancelling the contract. Such sums will be deducted from any refund due to You or, if no refund is due, We will invoice You for the relevant sums.
14.3 Once We have begun providing the Paid Content, We may cancel the Contract at any time and will endeavour to provide you with 7 days written notice of such cancellation. You will only be required to pay for Paid Content that You have received. Such sums will be deducted from any refund due to You or, if no refund is due, We will invoice You for the relevant sums.
14.4 Refunds due under this Clause 14 will be issued to You within 14 calendar days and in any event no later than 14 calendar days after the day on which We inform You of the cancellation. Refunds will be made using the same payment method You used when ordering the Paid Content.
14.5 We may cancel immediately by giving You written notice in the following circumstances:
14.5.1 You fail to make a payment by the due date as set out in Clause 8; or
14.5.2 You breach the contract in a material way and fail to remedy the breach within 14 calendar days of Us asking You to do so in writing.
15. Problems with the Paid Content and Your Legal Rights
15.1 We always use reasonable endeavours to ensure that Our Paid Content is trouble-free. If, however, there is a problem with the Paid Content please contact Us as soon as is reasonably possible via admin@jobycarter.com.
15.2 We will use reasonable endeavours to remedy problems with the Paid Content as quickly as is reasonably possible and practical.
15.3 We will not charge You for remedying problems under this Clause 15 where the problems have been caused by Us, any of Our agents or sub-contractors, or where nobody is at fault. If We determine that a problem has been caused by You, including Your provision of incorrect or incomplete information or taking of incorrect action We may charge You for the remedial work.
15.4 If You are a consumer, You have certain legal rights in relation to Paid Content under the Consumer Rights Act 2015 as follows:
15.4.1 Courses and Workshops. We must provide Our Courses and Workshops with reasonable care and skill and in accordance with information We have given You which You rely upon when entering into the Contract. If We fail to do so, You may be entitled to repeat performance or, where repeat performance is impossible or cannot be provided within a reasonable time and without significant inconvenience to You, an appropriate reduction in price.
15.4.2 Digital Content. Any digital content We supply must be of satisfactory quality, fit for purpose and as described. If digital content does not meet these requirements, You may be entitled to a repair or replacement or, where this is not possible or cannot be provided within a reasonable time and without significant inconvenience to You, an appropriate reduction in price.
15.4.3 Nothing in these Terms affects Your statutory rights as a Consumer.
16. Our Liability
16.1 We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of these Terms of Sale or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by You and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
16.2 If You are using Our Paid Content for business purposes, We will not be liable to You for any loss of profit, loss of business, interruption to business or loss of business opportunity.
16.3 Nothing in these Terms of Sale seeks to exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
16.4 Nothing in these Terms of Sale seeks to exclude or limit Our liability for failing to perform the Paid Content with reasonable care and skill or in accordance with information provided by Us about the Paid Content or about Us.
16.5 Nothing in these Terms of Sale seeks to exclude or limit Your legal rights as a consumer. For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.
17. Events Outside of Our Control (Force Majeure)
17.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action by third parties, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic, pandemic or other natural disaster, or any other event that is beyond Our reasonable control.
17.2 If any event described under this Clause 17 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:
17.2.1 We will inform You as soon as is reasonably possible;
17.2.2 Our obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
17.2.3 We will inform You when the event outside of Our control is over and provide details of any new dates, times or availability of Paid Content as necessary;
17.2.4 If the event outside of Our control continues for more than 90 calendar days We may cancel the Contract and inform You of the cancellation. Any refunds due to You as a result of that cancellation will be paid to You as soon as is reasonably possible and, in any event, no later than 14 calendar days after the date on which We inform You of the cancellation;
17.2.5 If an event outside of Our control occurs and continues for more than 90 calendar days and You wish to cancel the Contract as a result, You may contact Us directly to cancel, please do so by email: admin@jobycarter.com.
In each case, provide Us with Your name, address, email address, telephone number, and Order Number. Any refunds due to You as a result of such cancellation will be paid to You as soon as is reasonably possible and, in any event, no later than 14 calendar days after the date on which You inform Us that You wish to cancel.
18. Licence and Copyright Ownership
18.1 When You purchase Paid Content, We will grant You a limited, non-exclusive, non-transferable, non-sublicensable licence to access and use the relevant Paid Content for your own personal use. The licence granted to You does not give You any rights in Our Paid Content (including any material that We may licence from third parties).
18.2 The licence granted to You under sub-Clause 18.1 is subject to the following usage restrictions and/or permissions:
18.2.1 You may not copy, rent, sell, publish, republish, share, broadcast or otherwise transmit the Paid Content (or any part of it) or make it available to the public except as permitted under the Copyright Designs and Patents Act 1988 (Chapter 3 ‘Acts Permitted in relation to Copyright Works’).
18.3 All intellectual property rights, including but not limited to copyrights, trademarks, and any other proprietary rights related to Our Goods which include but are not limited to, artworks, prints, or any other materials provided on Our Website, are owned by Us or Our licensors. Any unauthorised reproduction, copying or distribution is prohibited.
19. Communication and Contact Details
19.1 If You wish to contact Us with general questions or complaints, matters relating to Our Paid Content or Goods or matters relating to cancellations You may contact Us by email at admin@jobycarter.com.
20. Complaints and Feedback
20.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that Your experience as a customer of Ours is a positive one, We nevertheless want to hear from You if You have any cause for complaint.
20.2 If You wish to complain about any aspect of Your dealings with Us, please contact Us by email to: admin@jobycarter.com;
21. How We Use Your Personal Information (Data Protection)
21.1 We will only use Your personal information as set out in Our Privacy & Cookies Policy, available from https://jobycarter.com/privacy-notice/
21.2 Our Site is hosted by Shopify. Shopify may process information relating to your use of Our Site and purchases made through it, including where Shopify Network Intelligence and related enhanced services are enabled. Further information is set out in Our Privacy & Cookies Policy.
22. Other Important Terms
22.1 We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, You will be informed by Us in writing. Your rights under these Terms of Sale will not be affected and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.
22.2 You may not transfer (assign) Your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission.
22.3 The Contract is between You and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.
22.4 If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.
22.5 No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.
22.6 We may revise these Terms of Sale from time to time. Any changes will apply only to Orders placed after the revised Terms of Sale are published on Our Site and will not affect any Contract already entered into with You.
23. Law and Jurisdiction
23.1 These Terms and Conditions, and the relationship between You and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
23.2 If You are a consumer, You will benefit from any mandatory provisions of the law in Your country of residence. Nothing in Sub-Clause 23.1 above takes away or reduces Your rights as a consumer to rely on those provisions.
23.3 If You are a consumer, any dispute, controversy, proceedings or claim between You and Us relating to these Terms and Conditions, or the relationship between You and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by Your residency.
23.4 If You are a business, any disputes concerning these Terms and Conditions, the relationship between You and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.
