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Terms and Conditions

Terms and Conditions

JESSICA CHOAY LIMITED IS A COMPANY REGISTERED IN ENGLAND AND WALES.

COMPANY NUMBER 8342275
REGISTERED ADDRESS 22 CHANCERY LANE, LONDON UK
VAT NUMBER : GB155937967

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TERMS OF WEBSITE USE

This page (together with any documents referred to in it) tells you the terms on which you may make use of this website (’site’), whether as a guest or a registered user. Please read these terms of use carefully before you start to use the site. By using the site, you confirm that you accept these terms of use and agree to abide by them. If you do not agree to these terms of use, you have no right to use the site and you should leave immediately.

ACCESSING THE SITE

Access to the site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on the site or the products displayed there (including relevant details and prices) without notice (see below). We will not be liable if for any reason the site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the site, or the entire site, whether to guests or to users who have registered with us. If you choose, or you are provided with, a user id, password or any other information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user id or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use. You are responsible for making all arrangements necessary for you to have access to the site. You are also responsible for ensuring that all persons who access the site through your internet connection are aware of these terms, and that they comply with them.

INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in the site and the material published on it. Those works are protected by intellectual property laws and treaties around the world. All such rights are reserved. You may print off one copy, and may download extracts, of any page(s) from the site for your personal, non-commercial use and reference and you may draw the attention of others within your organization to material posted on the site. You may not modify any materials you print off or download from the site, and you may not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors or copyright owners) as the authors of material on the site must always be acknowledged and you must not remove any watermark, copyright warning or other device or mark contained on the said materials. You must not use the materials on the site (or any part of them) for commercial purposes without obtaining a licence to do so from us or our licensors or contributors. If you print off, copy or download any part of the site in breach of these terms of use, your right to use the site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

RELIANCE ON INFORMATION POSTED

Commentary and other materials posted on the site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the site, or by anyone who may be informed of any of its contents.

OUR SITE CHANGE REGULARLY

We aim to update the site regularly, and may change the content at any time. If the need arises, we may suspend access to the site, or close it indefinitely. Any of the material on the site may be out of date at any given time, and we make no representation in respect of the currency of such material.

OUR LIABILITY

The material displayed on the site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude, (a) all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity, and (b) any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the site or in connection with the use, inability to use, or results of the use of the site, any websites linked to it or any materials posted on it, including, without limitation any liability for loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time, and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable; always provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above. This does not affect our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation or any other liability which cannot be excluded or limited under applicable law.

INFORMATION ABOUT YOU AND YOUR VISITS TO THE SITE

We process information about you in accordance with our privacy policy. By using the site, you consent to such processing and you warrant that all data provided by you is accurate.

TRANSACTIONS CONCLUDED THROUGH THE SITE

Contracts for the supply of products by us, including supply via the site or by orders you place by telephone are governed by our terms of sale.

UPLOADING MATERIAL TO THE SITE

Whenever you make use of a feature that allows you to upload material to the site (including any blog associated with our site), write reviews or otherwise make contact with or influence other users of the site, you must comply with the prohibited uses and content restrictions set out below. You warrant that any such contribution shall comply with those standards, and you indemnify us for any breach of that warranty. We have the right to remove any material or posting you make on the site if, in our opinion, such material does not comply with the standards set out in these terms of use. Any material you upload to the site will be considered non-confidential and non-proprietary, and (unless otherwise agreed) we shall have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the site constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the site.

PROHIBITED USES

You may use the site only for lawful purposes. You may not use the site:

In any way which breaches any applicable local, national or international law or regulation, or which is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
For the purpose of harming or attempting to harm minors in any way;
To send, knowingly receive, upload, download, use or re-use any material which does not comply with the content standards set out below;
To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam);
To knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree not to reproduce, duplicate, copy or re-sell any part of the site or any materials on the site and not to access without authority, interfere with, damage or disrupt any part of the site, any equipment or network on which the site is stored, any software used in the provision of the site, or any equipment or network or software owned or used by any third party.

CONTENT STANDARDS

These content standards apply to any and all material which you contribute to the site, including any contributions relating to any blog operated by us (’contributions’). You must comply with the spirit, as well as the letter, of the following standards, which apply to the whole or any part of any contribution. Contributions must:

Be accurate (where they state facts).
Be genuinely held (where they state opinions).
Comply with applicable law in the uk and in any country from which they are posted.

Contributions must not:

Contain any material which is defamatory of any person.
Contain any material which is obscene, offensive, hateful or inflammatory.
Promote sexually explicit material.
Promote violence.
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any copyright, database right or trade mark of any other person.
Be likely to deceive any person.
Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
Promote any illegal activity.
Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
Be likely to harass, upset, embarrass, alarm or annoy any other person.
Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
Give the impression that they emanate from us, if this is not the case.
Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

VIRUSES, HACKING AND OTHER OFFENCES

You must not misuse the site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the site, the server on which the site is stored or any server, computer or database connected to the site. You must not attack the site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the computer misuse act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the site will cease immediately. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the site or to your downloading of any material posted on it, or on any website linked to it.

LINKING TO THE SITE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. Our site must not be framed on any other site, nor may you create a link to any part of the site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the standards set out in these terms of use. If you wish to make any use of material on the site other than that set out above, please address your request to info@jessicachoay.com

JURISDICTION AND APPLICABLE LAW

The english courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to the site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

TRADE MARKS

’Jessica Choay’ is a registered trade mark. You may not use our trade mark without our prior written consent.

VARIATIONS

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on the site.

YOUR CONCERNS

If you have any concerns about material which appears on the site, please contact us by email at info@jessicachoay.com

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PRIVACY POLICY

Jessica Choay limited (”we”, ”us”) is committed to respecting and protecting your privacy.
This policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. For the purpose of the data protection act 1998 (the ”act”), the data controller is Jessica Choay limited (registered number 08342275) with registered office at 22 chancery lane, London, United Kingdom wc2a 1ls. Our nominated representative for the purpose of the act is Jessica Choay.

INFORMATION WE MAY COLLECT FROM YOU

We may collect and process the following data about you:

Information that you provide by filling in forms on our site at www.jessicachoay.com (’site’). This includes information provided at the time of registering to use the site, placing any order, posting material or requesting further services or other support. We may also ask you for additional information if or when we offer any competitions or other promotions on the site, or if you report a problem with the site.
If you contact us, we may keep a record of that correspondence.
We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
Details of transactions you carry out through the site and of the fulfilment of your orders. If you place an order via the site, the information collected will include (but may not be limited to) your name, billing address, shipping address, email address, telephone numbers and credit/debit card details, including card number, expiration date, valid-from date and issue number.
Details of your visits to the site including, but not limited to, traffic data, location data, weblogs and other communication data.

IP ADDRESSES AND COOKIES

We may collect information about your computer, including where available your ip address, operating system and browser type, for system administration. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual. For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer’s hard drive. They help us to improve our site and to deliver a better and more personalized service. They enable us:

To store information about your preferences, and so allow us to customize our site according to your individual interests.
To speed up your searches.
To recognize you when you return to our site.
You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies and/or certain types of cookies, including cookies which are not essential for the operation of our site. However, if you select this setting and disable cookies which are essential for the operation of our site, you may be unable to access all or certain parts of our site. You will be given separate guidance on the deployment and use of essential and non-essential cookies when you first use our site and you may elect at that stage to accept or reject certain types of cookies.

WHERE WE STORE YOUR PERSONAL DATA

The data that we collect from you may be transferred to, and stored at, a destination outside the european economic area (”EEA”). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. Such staff may be engaged in, among other things, the fulfilment of your order, the processing of your payment details, fraud/credit checks and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy. All information you provide to us is stored on secure servers. Any payment transactions will be encrypted using secure socket layer (ssl) technology. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site and any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.

USES MADE OF THE INFORMATION

We use information held about you in the following ways:

To ensure that content from our site is presented in the most effective manner for you and for your computer.
To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.
To carry out our obligations arising from any contracts entered into between you and us.
To allow you to participate in interactive features of our service, such as games, offers, competitions or promotions, should you choose to do so.
To notify you about changes to our service.
Provided you consent, we may also use your data, or permit selected third parties to use your data, to provide you with information about products and services which may be of interest to you and we or they may contact you about these by email, post or telephone. If you give your consent to such usage, you may withdraw it at any time. If you are an existing customer, we will only contact you by electronic means (e-mail or sms) with information about products (and related services) similar to those which were the subject of a previous sale to you. If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this. If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which we collect your data.

DISCLOSURE IF YOUR INFORMATION

We may disclose your personal information to third parties:

In connection with the provision of services relating to our site, including (without limitation) the provision of hosting and maintenance relating to the site and processing, clearance and screening of any orders placed by you and any related payments and/or refunds.
In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our website general terms of use or terms of sale and other agreements; or to protect our rights, property, or safety or those of our customers, suppliers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

YOUR RIGHTS

You have the right to ask us not to process your personal data for marketing purposes. We will inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes and you will have the opportunity to opt out should you so wish. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. If you give your consent to any usage, you may withdraw it at any time. Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

ACCESS TO

The act gives you the right to access information held about you. Your right of access can be exercised in accordance with the act. Any access request may be subject to a reasonable fee to meet our costs in providing you with details of the information we hold about you.

CHANGE TO OUR PRIVACY POLICY

Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail.

CONTACT

Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to info@jessicachoay.com, marked ’data protection request’.

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JESSICA CHOAY LIMITED – ONLINE TERMS OF SALE
Please read these terms of sale carefully. They contain legally binding obligations that will apply to any contract you enter into with us.
We recommend that you print and retain a copy of these terms and your order for future reference.

ABOUT US
This website (http://www.jessicachoay.com/) (“Site”) is owned and operated by Jessica Choay Limited (company number 08342275) with registered office at 22 Chancery Lane, London, United Kingdom WC2A 1LS and a trading address at 2 Eaton Gate, London SW1W 9BJ (“we, “us”, “our”). Our email address is info@jessicachoay.com.

ABOUT YOU
By placing an order with us, you warrant that you are authorised and/or entitled to enter into legally binding contracts with us and that in doing so you will not breach any law or any obligation to any third party.  If you are an individual, you represent and confirm that you are at least 18 years of age and that you will use our Products in strict accordance with all guidance and other requirements issued by us (including any set out on our Site) and (if applicable) any usage requirements or conditions specified by manufacturers. If you are placing an order on behalf of any other person, company, partnership or other entity, you represent and warrant that you have authority to do so on their behalf.

CONTRACT FORMATION
3.1  – These terms of sale (“Terms”) apply to the sale of all products (‘Products’) by us via the Site.  Where you purchase Products as a consumer (i.e. for your own personal use and not for resale or other use in the course of business) (‘Consumer’), your consumer rights are not affected.

3.2 – Any order placed by you constitutes only an offer by you to buy the Products you have selected.  Placing an order carries with it an obligation for you to pay but places no obligation on us to provide those Products. When we receive your order, we will confirm receipt of your order by email and/or confirm the details of your order, including the applicable charges but that email only confirms the details of your order and the fact that your order has been received. It does not comprise acceptance of your order.

3.3 – A contract between you and us (‘Contract’) will only be formed if/when we (i) expressly accept your order in writing (including by email) or (ii) despatch the ordered Products to you (each, ‘Acceptance’ or ‘Accepted’).  Each Contract will relate only to those Products we have Accepted.  We will be under no obligation to supply any other Products which may have been part of your order until we have Accepted those Products.  All orders are subject to acceptance by us in our absolute discretion. In the event we are unable to accept your order, we will endeavour to notify you as soon as possible.

PRODUCT IMAGE, DESCRIPTION AND PRICE
4.1 – The images of the Products on our Site are for illustrative purposes only. Although we have made every effort to display colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products.  Products and packaging may vary slightly from those shown on our Site. We have taken reasonable care to describe all Products accurately but, despite this, it is possible that errors or misdescriptions may occur.

4.2 – The price of any Products will be as quoted on our Site from time to time, except in cases of obvious error.  Our prices include VAT (if applicable) but exclude delivery costs, which will be added to the total amount due in accordance with our delivery charges in force from time to time

4.3 –  It is always possible that, despite our best efforts, some of the Products listed on our Site may be incorrectly priced.  We will normally verify prices as part of our despatch procedures, so that where a Product’s correct price is less than our stated price we will charge the lower amount when dispatching the Product to you.  If a Product´s correct price is higher than the price stated on our Site, we will either contact you for instructions before despatching the Product or notify you of rejection of your order.

4.4 – We are under no obligation to provide the Product to you at an incorrect (lower) price, even after Acceptance, if the pricing error is obvious and/or could have reasonably been recognised as a mis-pricing.

PAYMENTS
5.1 – Payment for all Products  must be made via Paypal. You are responsible for ensuring the accuracy of all information provided regarding payment. Incorrect information may cause a delay in processing your order.

5.2 – Please note that we cannot accept payment for website orders over the phone. In order to maintain a high level of security we ask that you process your payment through Paypal during the checkout process. We do not accept cheques as payment for online orders.

5.3 We shall be entitled to withhold delivery and/or cancel the Contract if we do not receive full payment from you in cleared funds.

AVAILABILITY
6.1 – We endeavour to ensure the availability of the Products shown on our Site (unless shown as ‘not in stock’) but we cannot guarantee that all of the Products will be in stock when you place your order. If we are unable to process or execute your order, we shall contact you:

(a) to offer you an equivalent or alternative Product(s), which you may decide to accept or reject;
(b) to notify you of the date we expect to have the Products in stock; or
(c) to notify you that we are unable to fulfil your order

6.2 – If you reject our offer of an alternative Product or in-stock dates or we are unable to fulfil the order we shall have no further liability to you, save that we will refund payments already taken from you for the relevant Product(s).

DELIVERY
7.1 – Your order will be fulfilled without undue delay and by any delivery date confirmed by us or, if no delivery date is specified, then within 30 days of our Acceptance of your order. Delivery will be made to the delivery address specified when you submit your order.

7.2 –  If delivery is delayed we shall inform you but we will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery.

7.3 –  Upon delivery of your order you may be asked to sign for the Products received. If the package does not appear to be in good condition then please refuse the delivery. If you are unable to check the contents of the delivery then please ensure you sign for the parcel “unchecked”.

International Delivery

7.4 – We deliver on a worldwide basis.  However there are restrictions on some Products for certain countries. If restrictions apply, you will be notified.

7.5 – If you order Products for certain international destinations, 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 and we cannot predict their amount. You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.

7.6 – You must comply with all applicable laws and regulations of the country for which the Products are destined.

RISK AND TITLE
The Products will be at your risk from the time you (or anyone nominated by you) receive(s) the Products. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, inclusive of all delivery charges

CONSUMERS – RIGHT OF CANCELLATION
9.1 – Where you contract as a Consumer, you have a legal right to cancel a Contract during the periods set out in clause 9.2 below, pursuant to the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the ‘Regulations”). This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract.

9.2 – The Regulations give you the right to cancel your Contract within 14 days without giving any reason. Your right to cancel starts from the date of Acceptance of your order and it expires as follows:-

(a) For Products, the period will expire after 14 days from the day you (or anyone nominated by you) receive(s) the Products;
(b) In a Contract for the sale of multiple Products with different delivery dates, the period will expire after 14 days from the day you (or anyone nominated by you) receive(s) the last of the Products.
9.3 – To exercise the right to cancel, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete our standard cancellation form, set out at the end of these terms. If you use this option, we will email you an acknowledgement of receipt of your cancellation.

9.4 – Alternatively, you can e-mail us at info@jessicachoay.com or by post to 2 Eaton Gate, London SW1W 9BJ. If you e-mail us or write to us, please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.

9.5 – Should you cancel within the above periods, you will receive a refund of the price paid for the Products in accordance with clause 10 below, provided that you comply with any applicable terms.

CONSUMER RETURNS AND REFUNDS
10.1 – If you act as a Consumer and exercise your rights of cancellation under the Regulations we will:

(a) refund you the price you paid for the Products, subject (where applicable) to a reduction to reflect any diminution in the value of the Products if this has been caused by you handling them in a way which would not be permitted in a shop. See our Returns Page for information and guidance regarding returns, packaging and handling of Products;
(b) refund any delivery costs you have paid.
(c) make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
(i) if you have received the Product, 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us; or
(ii) if you have not received the Product, 14 days after you inform us of your decision to cancel the Contract.

10.2 – If you exercise your rights of cancellation but have received Products in connection with the Contract, you:

(a) shall send back the Products, or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of the Contract to us;
(b) will have to bear the direct cost of returning the Products. If the Products cannot normally be sent by post, you will have to bear the direct cost of returning the Products, which we estimate will not exceed the costs we charged you for delivery; and
(c) must take reasonable care of the Products whilst they are in your possession. You are liable for any diminished value of the Products resulting from the handling of the Products other than as required to establish the nature, characteristics and functioning of the Products.

All refunds will be processed via Paypal unless otherwise agreed in writing.

10.3 – When you return a Product to us for any other reason (e.g. because you claim that the Product is defective), and whether or not you are a Consumer, we will examine the returned Product and will notify you of any agreed refund (if any) via e-mail within a reasonable period of time.  We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirm to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full when we have verified the defect.  You agree to return all Products at your cost and to ensure all returned Products are shipped with a tracking number, to ensure accurate processing.

10.4 – When making any return(s) to us, you agree to comply with any returns process notified by us..

10.5 – We will refund any money received from you using the same method originally used by you to pay for your purchase unless you expressly agree otherwise.  You will not incur any fees as a result of the reimbursement but we may make a deduction from the reimbursement for loss in value of any Products supplied if the loss is the result of handling of the Products other than as required to establish their nature, characteristics and function.

10.6 – Refunds are carried out by our payment processor and while we will endeavour to ensure refunds are paid in accordance with the timescales set out above, we will not be liable for any delays outside our control.

OUR LIABILITY

11.1 – We are under a legal duty to provide Products which comply with the terms of the Contract. You should also be aware that Consumer sales in the UK are subject to governance by organisations such as the OFT, the Department of Enterprise, Trade and Investment in Northern Ireland and the Trading Standards Institute, and subject to codes of conduct, further details of which can be found at http://www.tradingstandards.gov.uk/advice/.

11.2 – Nothing in these terms seeks to exclude or limit our liability (a) for death or personal injury caused by our negligence, (b) under section 2(3) of the Consumer Protection Act 1987, (c) for fraud or fraudulent misrepresentation, (d) under section 12 of the Sale of Goods Act 1979, or (e) for any matter for which it would be illegal for us to exclude or limit, or attempt to exclude or limit, our liability.

11.3 – We supply the Products for domestic and private use only. You agree not to use the Products for any commercial, business or resale purposes, and consequently we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

11.4 – If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Contract.

11.5 – You agree that we shall have no liability in respect of any defect in the Products arising from:

(a) fair wear and tear;
(b) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
(c) if you fail to use the Products in accordance with the applicable instructions or guidance; or
(d) any alteration or repair by you or by a third party not authorised by us.

11.6 – Subject to clauses 11.2-11.5 above, our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the Contract price (inclusive of any delivery charges).

DATA PROTECTION & SECURITY CHECKS

 12.1 – The collection, processing, storage and protection of any personal data you provide is of key importance to us and it will be treated securely in accordance with the Data Protection Act 1998.   Full details of how we use and protect your personal data are set out in our Privacy Policy, which is hereby incorporated and forms part of these Terms.

12.2 – By placing an order, you authorise us to transmit information (including any updated information) or to obtain information about you from third parties from time to time, including but not limited to the authentication of your identity or the authorisation of transactions

WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing.  When using our Site, you accept that communication with us will be mainly electronic.  We will contact you by e-mail or provide you with information by posting notices on our website.  For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.  This condition does not affect your statutory rights.

NOTICES
All notices given by you to us should be sent by email to info@jessicachoay.com. Failing that, they may be sent to: Jessica Choay Limited, 2 Eaton Gate, London SW1W 9BJ. We may give notice to you at either the e-mail or postal address you provide to us when submitting your order.  Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter.  In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

TRANSFER OF RIGHTS AND OBLIGATIONS
The Contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of any Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of any Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

EVENTS OUTSIDE OUR CONTROL

16.1 – We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any Contract that is caused by events outside our reasonable control (Force Majeure Event).

16.2 – A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) strikes, lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; problems with use of railways, shipping, aircraft, motor transport or other means of public or private transport; problems with the use of public or private telecommunications networks; and the acts, decrees, legislation, regulations or restrictions of any government.

16.3 – Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period.  We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

WAIVER
17.1 –  If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

17.2 – A waiver by us of any default shall not constitute a waiver of any subsequent default.

17.3 – No waiver by us of any of these terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 13

SEVERABILITY
If any of these terms or any other provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

ENTIRE AGREEMENT

19.1 – These Terms and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

19.2 – We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.

19.3 – Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party´s only remedy shall be for breach of contract as provided in these terms.

OUR RIGHT TO VARY THESE TERMS
20.1 – We have the right to revise and amend these Terms from time to time, including to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.

20.2 –  You will be subject to the terms and policies in force at the time that you order Products from us, unless any change to the terms and/or the policies is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to these terms or the policies before Acceptance (in which case we have the right to assume that you have accepted the changes unless you notify us to the contrary within seven working days of receipt by you of the Products).

THIRD PARTIES

Each Contract is between you and us only. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise

LAW AND JURISDICTION
These Terms and/or any Contract(s) for the purchase of Products and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to the same will be governed by and construed in accordance with English law.  Any dispute arising from, or related to, such Contracts shall be subject to the exclusive jurisdiction of the courts of England and Wales.

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MODEL CANCELLATION FORM

To: Jessica Choay Limited, 2 Eaton Gate, London SW1W 9BJ or by email to info@jessicachoay.com:

l/We [*] hereby give notice that I/We [*] hereby cancel my/our [*] contract of sale for the following Products: [CUSTOMER TO INSERT DESCRIPTION OF PRODUCTS]

Ordered on [*]/received on [*]: [INSERT DATE]
Name of Customer(s):
Address of Customer(s):
Signature of Customer(s) (only if this form is notified on paper),
Date
[*] Delete as appropriate.

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DELIVERY CHARGES
United Kingdom – Free delivery
European Union – £10
Rest of the world – £20

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RETURNS PROCESS

Please make sure your items are returned new, unused and with all JESSICA CHOAY garment tags still attached. Returns that do not meet our policy will not be accepted and will be sent back to the customer.
Please follow the steps below to return your purchase.
Pack back all returning items in their own packaging in the same way they were sent to you.Send us an email at
info@jessicachoay.com
with subject line “Online order return”.
Your e-mail should include :
– Your order number
– The name of the item(s) you would like to return (please note that if you would like to exchange an item for another size, you will have to return your item and make a new order)
– The reason why you would like to return your order (if you are happy to let us know why you changed your mind, that you help us improve our services for next time)
Once you receive a confirmation from us, you will have up to 14 days to ship your parcel back.
Make sure you use a tracked courier and send it to the address below :
Jessica Choay Ltd
2 Eaton Gate
SW1W 9BJ London
UK
For London based customers, you may request permission to drop your parcel at the address above. Please notify us via email if you wish to do so.
Once the parcel has been dispatched, please send us the courier name and tracking number of the shipment at info@jessicachoay.com.
We will notify you by email once we received the parcel and whether you are entitled to a refund.

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