Terms and Conditions
- Your Agreement With Us
- Ordering / Conclusion of the Contract
- Prices, Delivery Charges, and Availability
- International Delivery
- Payment Methods
- Withdrawal From a Contract
- Returns Policy
- Severability and Waiver
- Electronic Communications
- Company Information
- Contact Information
- Applicable Law and Disputes
ANNEX – Template Cancellation Form
1. Your Agreement With Us
1.1 The following terms and conditions apply to all orders placed by a customer (”you”) at jetbrainsmerchandise.com (the ”Site”). The Site is owned by JetBrains but is operated by Brand Addition Limited (a company registered in England with registration number 02083209 (“Brand Addition” or “we” / “us”)).
1.3 Please make sure you have read and understood these Terms and Conditions before placing your order.
1.5 We reserve the right to amend and modify these Terms and Conditions or other terms, conditions, and notices from time to time without prior notice to you. The version of these Terms and Conditions that will apply to your order will be the version on the Site at the time you place your order.
1.6 These Terms and Conditions are only available in the English language.
2. Ordering / Conclusion of the Contract
2.1 The ordering options available to you are via our Site. Please follow the onscreen prompts to place an order.
2.2 When you place an order with us, you are making an offer to buy goods. Our order process allows you to check and amend any errors before submitting your order to us. Please check your order carefully before confirming it. You are responsible for ensuring that your order is complete and accurate.
2.3 After you have placed your order, we will send you an email to acknowledge that we have received your order (Order Confirmation), but please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in section 2.4.
2.4 The acceptance of your order takes place when you receive a dispatch confirmation email with tracking information from a courier, at which point a contract made between you and us will come into existence (“Contract”).
2.5 If, for any reason, we are unable to fulfill your order, the Сustomer Service team will let you know by email at the earliest opportunity, usually within one (1) business day (see Section 16). If payment for an order is processed and if we have already accepted payment for the order, this will be refunded to your account or the card with which you made the payment.
3. Prices, Delivery Charges, and Availability
3.1 Prices are exclusive of VAT and delivery charges, both of which are quoted at checkout.
3.2 The delivery charge for each order will be calculated at the checkout stage, prior to you placing the order, and will be based on the delivery location as well as the size and weight of your order. In addition to the delivery charge, for deliveries outside of the EU, import duties, taxes, and customs clearance may be applicable. See section 5 for additional details.
3.3 All prices and the availability of items are subject to change without notice. We make every effort to provide you with the most accurate, up-to-the-minute information on pricing and availability. However, some of the items on our Site may be mispriced or no longer available at the time you place your order.
3.4 In the event an item is listed at an incorrect price (for instance, due to a typographical error), we have the right to refuse or cancel any orders placed for the item listed at the incorrect price regardless of whether or not the order has been confirmed and your credit or debit card has been charged. If an item’s correct price is lower than our stated price, we will charge the lower amount and ship you the item. If an item’s correct price is higher than our stated price, the Customer Service team will cancel your order and notify you of the price error and order cancellation by email.
3.5 If any item in your order is out of stock and we will be unable to ship it to you within 30 days of the date of your order, the Customer Service team will notify you of the delay by email, and you will have the opportunity to cancel the order and receive a refund without undue delay by following the directions specified in the notice. If you do not cancel the order and the item remains out of stock for a period of 60 days from the date of your order, we will, at the end of the 60-day period, cancel the order for the item, and you will receive a refund.
3.6 If you order any digital content being offered at the Site (such as ebooks or digital vouchers), please note that we do not provide any updates regarding such purchased digital content. Digital content will be made available to you upon acceptance of your Order (Order Confirmation). It may not be possible to re-download the purchased digital content again at a later date, so you are responsible for keeping the downloaded digital content safe. You further agree not to transfer purchased digital content to any third party.
4.1 We will share your name, email address, delivery address, and telephone number with our shipping or postage provider (such as DHL, for example) (“Delivery Partner”) so that they can deliver your order to your specified address and keep you updated about the progress of your delivery.
4.2 We will deliver your goods as soon as reasonably possible. An estimated delivery window will be shown on the checkout page prior to you placing your order. You will be notified of tracking details for your order by our Delivery Partner following our dispatch of your order.
4.3 Goods will remain at the risk of Brand Addition until delivery to the premises you specify on your order.
4.4 Our Delivery Partner will deliver the goods to the premises you specify on your order. Somebody must be available to accept delivery of your order, which is normally between 9:00 am and 6:00 pm Monday to Friday. We will not accept responsibility for loss or damage if you instruct the delivery company to leave the goods unattended.
4.5 Please check the goods on delivery – any goods found to be missing or damaged should be notified to the delivery driver at the time of delivery or to our Customer Service team as soon as you become aware. If the goods are lost in transit, please let us know promptly.
4.6 Deliveries are made to a ground floor entrance only and on the condition that there is reasonable access for the safe and prompt delivery of the goods. You must tell us about any special delivery requirements or conditions when you place your order. Disposal of packing materials is your responsibility.
4.7 Sometimes, for reasons beyond our control, we or our Delivery Partner may be prevented from delivering your goods as planned. These might include things such as accidents, breakdowns, fire, floods, storms, severe weather, acts of god, war, riots, civil commotion, malicious damage, or the default of our suppliers. We will try to put things right as soon as possible; however, we will not be responsible where an event outside of our control causes a delay or failure in delivering your goods.
5. International Delivery
5.1 If you order goods from the Site for delivery outside of the European Union, your order may be subject to import duties and taxes, which are applied when the delivery reaches that destination. Please note that we have no control over these charges.
5.2 Depending on the delivery option chosen at the checkout, either you or Brand Addition will be responsible for paying such import duties and taxes. Particularly, if you choose a delivery with the Duties & Taxes Paid (DTP) service included, our Customer Support team will contact you via email to confirm any additional charges and take care of the clearance on your behalf. If you choose to ship with a Duties & Taxes Unpaid (DTU) service, any applicable duties and taxes will have to be paid by you to the local post office upon delivery. Please contact your local customs office for further information before placing your order.
5.3 You must comply with all applicable laws and regulations of the country to which the goods are being delivered. We will not be responsible if you break any such law.
6. Payment Methods
6.1 You must pay for your item(s) before dispatch. You can enter your payment details at the time you place your order using a valid credit or debit card (VISA, Mastercard, Maestro, or Electron). Your credit or debit card will be charged directly when your purchase is completed.
6.2 For deliveries outside of the European Union with an included Duties & Taxes Paid (DTP) service, we may add the import duties and taxes charges to your payment method after informing you and receiving approval from you via email.
6.3 We reserve the right to check the validity of the credit or debit card chosen as a payment method, its credit status in relation to the order value, and whether the address data of the purchaser is correct. We may refuse orders depending on the result of the checks.
7. Withdrawal From a Contract
7.1 If you are buying goods as a consumer (for the purpose of direct consumption by yourself), then you have the right to withdraw from a Contract within 14 days of receipt of the goods, except for goods listed in section 7.2 below.
7.2 You will not have the right to withdraw from a Contract if the goods have been made or customized to your specification, if the goods have been removed from any packaging that was sealed for hygiene purposes, or if you have already downloaded any goods in the form of digital content (such as an ebook or a voucher).
7.3 If you wish to cancel a Contract under section 7.1 above, you must contact us in writing by email at firstname.lastname@example.org within 14 days of your receipt of the goods (“Cancellation Notice”). You may (but do not have to) use the wording in the template cancellation form at the bottom (see the ANNEX) of these Terms and Conditions.
7.4 You must return the relevant goods in complete and undamaged condition to us within 14 days of the date of your Cancellation Notice. You must pay the costs associated with returning the goods (including the costs of shipping or postage and any export taxes and duties).
7.5 Unless section 7.6 applies, the price of the goods and standard (non-expedited) delivery charges (or their proportional part(s)) you have paid shall be refunded, along with any import taxes and/or duties you have paid to receive the goods, to you in full within 14 days of the return of the goods to us. We may, at our option, request reasonable evidence of payment of import taxes and/or duties before issuing a refund for such sums.
7.6 If the value of the goods is reduced as a result of you handling the goods beyond what is necessary to establish the nature, characteristics, and functionality of the goods, then the refund of the initial cost of the item shall be reduced accordingly.
7.7 If a free gift is provided to you together with the goods that you are returning, such a gift is provided on the condition that if you withdraw from the Contract, you must also return the provided gift together with the goods.
7.8 A refund (as described in sections 7.5 and 7.6) will be provided to you via your original payment method within 14 days of us receiving the relevant goods, subject to your timely issuance of the Cancellation Notice and timely return of the relevant goods. We will issue a refund to the credit or debit card used by you to make the purchase.
8.1 We abide by all applicable statutory consumer guarantee regulations.
8.2 All goods that we supply to you will, upon delivery and for two (2) years after delivery:
- be fit for the purpose(s) for which they are supplied.
- match any description given or shown to you on the Site at the time of purchase.
- be of satisfactory quality (not faulty, defective, or damaged).
8.3 The guarantee in section 8.2 does not apply to the wear and tear of the item caused by its normal use.
8.4 If you believe that any goods we supply to you do not meet the requirements set out in section 8.2, then please see our Returns Policy in section 9 below.
9. Returns Policy
9.1 In addition to the right to cancel under section 7, we will accept returns of goods and issue you a refund for the price, shipping charge, and any import taxes and/or duties you incurred for any goods that do not meet the guarantee stipulated in clause 8.2 or that are incorrectly sent to you (in each case “Returnable Goods”). We will also pay for, or reimburse you for, reasonable shipping or postage charges and any export duties and/or taxes that you incur for returning the Returnable Goods to us.
9.2 To take advantage of our returns policy for Returnable Goods, please provide us with notice in writing by email at email@example.com. Our Customer Service team will inform you of the return procedure by email.
9.3 Please then return the Returnable Goods to us. Other than in the case of latent defects, the Returnable Goods must be returned with any and all original packaging, labels, and tags still intact to us in the same condition (not damaged, soiled, washed, altered, or worn) that they were in upon your receipt.
9.4 You may return the digital content, and we will issue you a refund for the price, only if you were unable to download the digital content from the Site or the digital content does not meet the guarantee stipulated in clause 8.2. The Returns Instructions apply accordingly.
9.5 A refund (as described in section 9.2) will be provided to you via your original payment method within 30 days of us receiving the Returnable Goods. We will credit the refund to the credit or debit card used by you to make the purchase.
10.1 Nothing in these Terms and Conditions shall exclude or limit our liability with regard to any matter for which it would be unlawful for us to limit or exclude our liability. This includes liability for death or personal injury caused by our negligence or that of our employees, agents, or subcontractors and for fraud or fraudulent misrepresentation.
10.2 Subject to section 10.1, we will under no circumstances be liable to you in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms and Conditions or any Contract for any loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill, or reputation; or any indirect or consequential loss or damage.
10.3 Subject to section 10.1, our maximum liability to you for all loss and damage arising under or in connection with these Terms and Conditions or any Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total price of your order.
We cannot guarantee that the colors displayed exactly reproduce the colors of the actual item. The colors reproduced depend on the settings of the local device being used to access the Site.
We reserve the right to assign our rights and obligations under these Terms and Conditions to any party at any time without notice to you.
13. Severability and Waiver
13.1 Each paragraph of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
13.2 If we do not insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
14. Electronic Communications
When you visit this Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You have the option to opt in or out of this communication at any time in the “My Account” section of this Site.
15. Company Information
This Site is operated by Brand Addition Limited, a company registered in England with its registered office at Broadway House, Trafford Wharf Road, Manchester M18 1DD, and VAT number GB135425534, and we are the seller of any goods offered on the Site.
16. Contact Information
16.1 You can contact us by email at firstname.lastname@example.org, by telephone at +44 (0) 1617860204, or in writing to our registered office address stated in section 15.
16.2 Our Customer Service team will answer the phone and process your email requests Monday to Friday between 9:00 am and 5:30 pm (CET), excluding UK Public Holidays and the whole period from December 24 to January 2.
16.3 We aim to respond to all queries within one (1) business day (Monday to Friday), excluding UK Public Holidays and the whole period from December 24 to January 2.
17. Applicable Law and Disputes
These Terms and Conditions and any Contracts, their subject matter, and their formation (and any non-contractual disputes or claims) are governed by English law. You and we both agree to the exclusive jurisdiction of the courts of England and Wales.
(Complete and return this form to us by email or post only if you wish to withdraw from the Contract in accordance with section 7 of the Terms and Conditions)
To: Brand Addition Limited, Broadway House, Trafford Wharf Road, Manchester M18 1DD (email@example.com).
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods:
Ordered on [*]/received on [*]:
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
[*] Delete as appropriate