Your access to and use of jaystolkien.com and jayjohnstone.co.uk (“the Site”), the content, information, text, graphics, logos, photographs, images, illustrations and other materials published on the Site (“the Content”), and the services made available at or through the Site (“the Services”), are governed by these general terms and conditions, the Privacy Policy, and any additional terms referred to below or published on the Site from time to time (together, “the User Agreement”).

The Site is owned and operated by Jay Johnstone and Co Limited, trading as Jay’s Tolkien (“we”, “us”, “our”). You are referred to in this User Agreement as “you” or a “User”. Please read the User Agreement carefully. If you have any queries, please contact us at info@jaystolkien.com.

We reserve the right to make changes to the Site or these terms at any time. This online store is available for domestic and non-commercial use, and we reserve the right to refuse orders placed by commercial or non-domestic entities or for commercial or non-domestic purposes. If you do not agree to these terms, please do not register for or use the Site.

Contents

• Data Protection
• Use of the Site
• Placing an Order
• Accuracy of Information
• Delivery
• Returns & Cancellations
• Liability & Indemnity
• Intellectual Property
• Links
• Governing Law
• Your Concerns, Complaints & Notices
• Entire Agreement
• Contact

Data Protection

We will not pass your personal details to other companies for marketing purposes. We keep a record of your contact details primarily to fulfil any order you place and to communicate with you about it where necessary. With your permission, we may also send you news of offers, exhibitions, and new artwork releases.

For further information, see our Privacy Policy.

Use of the Site

By viewing the Site, or registering as a Registered User, you accept the User Agreement insofar as it applies to that use. If you do not accept it, you must stop using the Site immediately. To order products through the Site, you will be asked to click “I Accept” at checkout to confirm your agreement to these terms.

By placing an order as an individual, you confirm you are legally capable of entering into binding contracts and are at least 18 years old. By placing an order on behalf of a business, you confirm you have the authority to bind that entity. You confirm that all data you provide on the Site is honest, truthful, and accurate.

If you hold an account with a username, password, or other security credential, you must keep it confidential and not share it with any third party (other than, for a business account, your authorised representatives). You are responsible for all activity carried out under your account. We may disable any account or credential at any time if we believe you have breached this User Agreement, or if the Site becomes unavailable for any reason. Please notify us immediately of any unauthorised use of your account.

Please inform us promptly of any changes to the information you have provided as a Registered User. You may close your account at any time by emailing info@jaystolkien.com; closure cannot be applied retrospectively.

These terms remain in effect after you stop using the Site and/or after the User Agreement ends. We may terminate or restrict your access to the Site or Services without prior notice where:

• we reasonably consider you are misusing the Site, the Services, or other Users, or are in breach of this User Agreement;
• a regulatory or statutory change limits our ability to provide access; or
• an event beyond our reasonable control prevents us from providing access.

Placing an Order

When you place an order, we will email you to confirm receipt and set out the order details. This acknowledgement is not an acceptance of your order and does not guarantee fulfilment.

All goods are subject to availability. No contract of sale exists between you and us until the ordered product(s) have been dispatched; we will send a further email confirming despatch, which constitutes our acceptance of your offer to buy. We may decline to supply products without giving a reason, and may withdraw from a contract where there is an error or inaccuracy in the information shown on the Site or in the order.

Accuracy of Information

We take care to ensure that information on the Site, including prices, is accurate, though errors can occasionally occur. If we discover a pricing error, we will contact you as soon as possible and give you the option to reconfirm your order at the correct price or cancel it. If we cannot reach you, the order will be treated as cancelled and you will receive a full refund.

All prices include UK VAT where applicable.

Delivery

Goods are sent to the delivery address you provide, as confirmed in your order acknowledgement email, and are despatched only once payment has cleared.

Estimated delivery timescales are given in our shipping information; we aim to meet these but delays can occur, and we are not liable for delay or failure to deliver within an estimated timescale.

Risk of loss or damage passes to you on the date of delivery. On receipt, please inspect your order; you will be deemed to have accepted it unless you notify us of cancellation and/or return it in accordance with the Returns & Cancellations section below. Your statutory rights are not affected.

Returns & Cancellations

For all products other than original artworks and limited editions: You may return any unused product within 28 days of receipt, and a refund or replacement will be issued within 28 days of us receiving it back. If your purchase is faulty, damaged in transit, or otherwise not as expected, please email info@jaystolkien.com and we will advise on the return process. If you cancel as a consumer within seven working days of receipt, we will refund the cost of sending the product to you (but not your return postage). If a product is faulty, damaged in transit, incorrectly supplied, or develops a fault, we will refund both the original delivery cost and your return postage. In all other cases, return postage is at your own cost — we recommend obtaining proof of postage, as we cannot take responsibility for items lost or damaged on their return journey. This does not affect your statutory rights.

For original artworks and limited editions: You may cancel your order up to fourteen days after delivery, provided you notify us or return the item to us within that period. Notification should be sent to info@jaystolkien.com. Except where the item is faulty, damaged, or incorrectly supplied, return postage is at your own cost. Where an item is faulty, damaged, or incorrectly supplied, we will refund the item cost, the original delivery cost, and your return postage (proof of cost required). Items should be returned in their original packaging, unused and in re-saleable condition, using a registered/tracked postal service — we cannot accept responsibility for items not received back or damaged in transit to us. Return address: Jay’s Tolkien, Cluny Annex, 36 Lime Street, The Ouseburn, Newcastle NE1 2PQ, United Kingdom.

Liability & Indemnity

Nothing in this User Agreement limits or excludes our liability for death or personal injury caused by our negligence, fraudulent misrepresentation, or any other liability that cannot be limited or excluded under applicable law.

While we make reasonable efforts to ensure the accuracy of information on the Site, we make no warranty, express or implied, as to its accuracy. The Site is provided on an “as is” and “as available” basis, and we do not warrant that it will be uninterrupted, timely, error-free, or free of viruses or defects. We accept no liability for loss of content or material uploaded or transmitted through the Site, or for loss or damage arising from reliance on information on the Site.

Except as expressly set out in these terms, or under the “Returns & Cancellations” section, all other warranties, terms, and conditions (express or implied) are excluded to the fullest extent permitted by law. We are not liable for economic or fiscal loss, loss of goodwill or reputation, or indirect losses arising from these terms, other than through our own fraudulent or negligent misrepresentation.

You agree to indemnify us, and our employees, agents, and suppliers, against all claims, liabilities, damages, losses, and reasonable costs arising from your breach of these terms, or from use of the Site under your account or personal information by any other person.

Intellectual Property

All content on the Site — including artwork, product images, website design, text, graphics, and underlying source code — is the copyright or other intellectual property of Jay Johnstone and Co Limited, or of its content and technology providers. All rights reserved.

Registered Users may electronically copy or print portions of the Site solely to facilitate a purchase. Any other use of Site materials — including reproduction, modification, distribution, or republication for commercial purposes — is prohibited without our prior written permission. For requests to reproduce content for print, press, online use, or broadcast, please contact info@jaystolkien.com.

Links

You may link to our homepage provided this is done fairly and legally, does not damage or take advantage of our reputation, and any site you link from complies fully with this User Agreement. Links to or from other parts of the Site require our prior written consent.

You must not:

• imply any association, approval, or endorsement by us without our prior written consent;
• link from a site you do not own or operate (or are not authorised to act for) without our consent; or
• present the Site differently to Users who follow your link than it appears to Users who visit directly, including by framing any part of the Site within another site.

We reserve the right to withdraw linking permission at our discretion, without notice.

Where the Site links to third-party sites or resources, these are provided for your information only. We do not monitor or control those sites and accept no responsibility for their content, or for loss or damage arising from your use of them. This User Agreement does not govern your use of third-party sites; please review their own terms and privacy policies.

Governing Law

This User Agreement, and any dispute arising from it (including non-contractual disputes), is governed by the laws of England and Wales. You and we agree to the non-exclusive jurisdiction of the English courts.

We make no representation that the Site’s content is appropriate for use outside the UK. If you access the Site from another location, you do so on your own initiative and are responsible for compliance with local law.

Your Concerns, Complaints & Notices

If you have concerns about Site content, or complaints relating to the Site, Services, or products, please contact info@jaystolkien.com.

By using the Site, you accept that communications between us will mainly be electronic, and that this satisfies any legal requirement for communication to be in writing. Notices from us are deemed given when posted on the Site or sent by email; notices from you are deemed received 24 hours after sending, addressed to info@jaystolkien.com.

Entire Agreement

These terms, together with any additional rules referred to here, form the entire agreement between you and us regarding use of the Site, superseding all prior communications or proposals. If any provision is found invalid or unenforceable, this does not affect the validity of the remaining provisions.

Contact

Jay Johnstone and Co Limited
Registered Address: 11 Northumberland Avenue, Gosforth, NE3 4XE, United Kingdom
Trading as Jay Johnstone Art
Telephone: +44 (0) 7946498074
Email: info@jaystolkien.com
Company registration number: 09290308