Subject to the Buyer having a right to return the Goods pursuant to these terms, all sales are final. However, JM Fashion does, subject to the terms of this clause, recognize that there may be occasions when it is appropriate to accept returns from the Buyer and JM Fashion shall, on a case by case basis, consider doing do. For the purposes of this clause, any Goods which the Buyer wants to return shall be referred to as "Returned Goods";
- JM Wear will, in any circumstances, only accept returns if the following conditions are met:
(a) The Buyer shall provide a proper invoice and dispatch note number in respect of the Returned Goods;
(b) JM Fashion must have issued a valid returns authorization note in respect of the Returned Goods. Should the returns note not have been provided in advance by JM Fashion, and subsequently accompany the goods being sent back, a 5% fee (of the goods value) in addition to any other charges that may be levied (see 'c' below) will be deducted from any credit note issued.
(c) By way of a restocking charge, the Buyer shall pay to JM Fashion a sum equivalent to either €30 (or equivalent in Sterling if applicable) or 20% of the price of the Returned Goods (at JM Fashion's discretion);
(d) The Returned Goods must not have been worn (including tried on) and must be returned in their original unopened packaging;
(e) The Returned Goods must be returned with all original documentation that was supplied with the Goods;
(f) JM Fashion retain the right to refuse Returned Goods should JM Fashion deem them to be unsuitable for resale;
(g) The Buyer will either:
(i) pay for and arrange the return of the Returned Goods; or
(ii) if JM Wear agrees to recover the Returned Goods, pay to JM Fashion a charge of €18/£15 per box of Returned Goods. In the event that JM Fashion's carrier attends to collect the Returned Goods and that collection is not possible owing to a default of the Buyer, a charge of €18/£15 will be payable by the Buyer to JM Fashion.
(h) The value of the Returned Goods must not exceed 3% of the Buyer total spend with JM Fashion during the preceding 12-month period.
- The following Goods will not be eligible to be returned pursuant to this clause:
(a) Any products from the Result Air Down range;
(b) Consumables (as defined from time to time by JM Fashion);
(c) Any Goods which JM Fashion does not carry as core stock (as defined by JM Fashion from time to time);
(d) Any Goods which have been ordered as bespoke Goods by the Buyer (for example, embroidered and/or personalized Goods);
(e) Samples;
(f) Any Goods which have been in the possession of the Buyer for more than 28 days after delivery;
(g) Deal products;
(h) Discontinued lines;
(i) Seasonal products;
(j) Any Goods which have, as their function, the protection of health and safety and/or the hygiene of the wearer. By way of (non-exhaustive) examples, high visibility garments, earplugs, face masks and goggles.