Terms and Conditions
JESSICA CHOAY LIMITED IS A COMPANY REGISTERED IN ENGLAND AND WALES.
COMPANY NUMBER 8342275
REGISTERED ADDRESS 2 CORNER HOUSE BUILDINGS, CLAYDONS LANE, RAYLEIGH, SS6 7UP ESSEX, UK
VAT NUMBER : GB155937967
TERMS OF WEBSITE USE
ACCESSING THE SITE
INTELLECTUAL PROPERTY RIGHTS
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 Any of the material on the site may be out of date at any given time, and we make no representation in respect of the currency of such material.
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
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
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.
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 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
JURISDICTION AND APPLICABLE LAW
’Jessica Choay’ is a registered trade mark. You may not use our trade mark without our prior written consent.
If you have any concerns about material which appears on the site, please contact us by email at email@example.com
Introduction & Contents
Jessica Choay Limited (we, our, us) respects your privacy and is committed to protecting your personal data. This privacy notice explains how we use and protect the personal data you provide to us. It also explains your privacy rights and protections.
We have tried to keep this privacy notice simple without compromising on the information provided to you. We have therefore broken it down into the following sections, each of which you can skip to directly by clicking the relevant headings.
|1.||Important information & our details|
|2.||The data we collect about you|
|3.||How your personal data is collected|
|4.||How we use your personal data|
|5.||Disclosures of your personal data|
|9.||Your legal rights|
1. IMPORTANT INFORMATIONS & OUR DETAILS
Purpose of this privacy notice
This privacy notice gives you information about how we collect and process personal data you provide to us, including any data you provide via our website (https://www.jessicachoay.com/) (our Site), when you register with us, purchase goods or receive services or when you sign up to our newsletter or contact us, including by email or text.
This privacy notice should be read together with any other privacy notice or fair processing notice we may provide when we are collecting or processing personal data about you. This privacy notice supplements any other notices and is not intended to override them.
Our business offering is not intended for children and we do not knowingly collect data relating to children.
Our contact details and role
We are the data controller responsible for your personal data.
Our full details are:
Name: Jessica Choay Limited
Company registration number: 08342275
Data protection registration number: CSN3765406
Data privacy manager: Jessica Choay
Email address: firstname.lastname@example.org
Postal address: 2 Cornerhouse Buildings, Claydons Lane, Rayleigh, Essex, England, SS6 7UP.
Telephone number: +447849238184
If you have any questions about this privacy notice, including any requests to exercise your legal rights (see section 9 below), please contact the data privacy manager using the details set out above.
You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO) (www.ico.org.uk), which is the supervisory authority for UK data protection issues. However, we ask that you contact us in the first instance and give us the opportunity to address your concerns before you consider contacting the ICO.
Changes to the privacy notice and your duty to inform us of changes
It is important that the personal data we hold about you is accurate and current, so please let us know if your personal data changes at any time.
Our Site may include links to third-party websites, vendor offerings or other applications, plug-ins and/or applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, you should read the privacy notice of any website you visit.
2. THE DATA WE COLLECT ABOUT YOU
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect, use, store and transfer the following kinds of personal data about you, which we have summarised into categories:
– Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.
– Contact Data includes billing address, delivery address, email address and telephone numbers.
– Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
– Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.
– Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
– Usage Data includes information about how you use our website, products and services.
– Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
The above categories are used as defined terms elsewhere in this privacy notice, in particular section 4.
We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.
We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
If you fail to provide personal data
Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform our obligations under our contract with you. In that case, we may have to cancel a product or service but we will notify you if so.
3. HOW YOUR PERSONAL DATA IS COLLECTED
We use different methods to collect your personal data including through:
Directly from you
You may give us your Identity and Contact Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
– apply for our products or services;
– create an account on our Site;
– subscribe to our newsletters;
– request catalogues or product information to be sent to you;
– enter a competition, promotion or survey; or
– give us feedback.
Automated technologies or interactions
Third parties or publicly available sources
We may receive personal data about you from various third parties and public sources as set out below:
(a) Technical Data from the following parties:
– analytics providers such as Google based outside the EU;
– advertising networks based inside or outside the EU; and
– search information providers based inside or outside the EU.
(b) Contact and Transaction Data from providers of technical, payment and delivery services such as WordPress, Paypal, Google (Gmail), Whatsapp and other social media organisations based inside and outside the EU.
(c) Identity and Contact Data from publicly availably sources such as Companies House and the Electoral Register based inside the EU.
4. HOW WE USE YOUR PERSONAL DATA
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
– Where we need to perform our contractual obligations to you.
– Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
– Where we need to comply with a legal or regulatory obligation.
Legitimate Interest means the interest of conducting and managing our business to enable us to give you the good services/products and a good and secure experience. We consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). Please contact us if you would like any further guidance concerning how we assess legitimate interests against any potential impact on you.
Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.
Purposes for which we will use your personal data
We have set out below, in a table format, a description of all the ways we plan to use your personal data, and legal bases we rely on in doing so. We have also identified what our legitimate interests are where appropriate.
|Purpose/Activity||Type of data||Lawful basis for processing including basis of legitimate interest|
|To register you as a customer||(a) Identity
|Performance of a contract with you|
|To process and deliver goods or services to you including:
(a) Manage payments, fees and charges
(b) Collect and recover money owed to us
(d) Marketing and Communications
|(a) Performance of a contract with you
(b) Necessary for our legitimate interests (to recover debts due to us)
|To manage our relationship with you which will include:
(a) Notifying you about changes to our terms or privacy notice
(b) Asking you to leave a review or take a survey
(c) Providing you with our newsletter
(d) Running any events we organise and which you choose to attend
(d) Marketing and Communications
|(a) Performance of a contract with you
(b) Necessary to comply with a legal obligation
(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)
|To enable you to partake in a prize draw, competition or complete a survey||(a) Identity
(e) Marketing and Communications
|(a) Performance of a contract with you
(b) Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business)
|To administer and protect our business, our Site (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)||(a) Identity
|(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)
(b) Necessary to comply with a legal obligation
|To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you||(a) Identity
(e) Marketing and Communications
|Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)|
|To use data analytics to improve our Site, products/services, marketing, customer relationships and experiences||(a) Technical
|Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)|
|To make suggestions and recommendations to you about goods or services that may be of interest to you
|Necessary for our legitimate interests (to develop our products/services and grow our business)|
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. We have established the following personal data control mechanisms regarding our marketing activities:
– Promotional offers from us
We may use your Identity, Contact, Technical, Usage and Profile Data to decide what we think you may want or need, or what may be of interest to you.
You will receive marketing communications from us if you have requested information from us or purchased goods or services from us or if you provided us with your details when you entered a competition or registered for a promotion and, in each case, you have not opted out of receiving that marketing.
– Third-party marketing
We will get your express opt-in consent before we share your personal data with any third party company for marketing purposes.
– Opting out
You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting us at any time.
Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase, warranty registration, product/service experience or other transactions.
If you do not know what cookies are, or how to control or delete them, then we recommend you visit www.aboutcookies.org or www.youronlinechoices.com.
Those wishing to permanently block cookies and trackers from all the website they use can read preferences-mgr.truste.com and the following links : links: Apple Safari, Google Analytics, Google Chrome, Microsoft Edge, Microsoft Internet Explorer, Mozilla Firefox, Opera.
Change of purpose
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, where this is required or permitted by law.
5. DISCLOSURES OF YOUR PERSONAL DATA
We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.
(a) The following external third parties:
– Service providers acting as processors (including DHL, UPS, Mailchimp, Google and Whatsapp) based outside the EU who provide IT/system administration and other services, including logistics.
– Professional advisers acting as processors including lawyers, bankers, auditors and insurers based in the UK who provide consultancy, banking, legal, insurance and accounting services.
– HM Revenue & Customs, regulators and other authorities acting as processors or joint controllers based in the UK who require reporting of processing activities in certain circumstances.
(b) Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
6. INTERNATIONAL TRANSFERS
Some of our external third parties are based outside the European Economic Area (EEA) so their processing of your personal data will involve a transfer of data outside the EEA.
Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
– We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries.
– Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe.
– Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US. For further details, see European Commission: EU-US Privacy Shield.
Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.
7. DATA SECURITY
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
8. DATA RETENTION
How long will you use my personal data for?
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
9. YOUR LEGAL RIGHTS
Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please click on the links below to find out more about these rights:
You have the right to:
– Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
– Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
– Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
– Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
– Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
– Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
– Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
If you wish to exercise any of the rights set out above, please contact us.
No fee usually required
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
Time limit to respond
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
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.
This website (https://www.jessicachoay.com/) (“Site”) is owned and operated by Jessica Choay Limited (company number 08342275) with registered office at 2 Cornerhouse Buildings, Claydons Lane, Rayleigh, Essex, United Kingdom SS6 7UP and a trading address at Suite 45, 2 Old Brompton Road, London SW7 3DQ (“we, “us”, “our”). Our email address is email@example.com.
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.
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.
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.
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).
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”.
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 firstname.lastname@example.org or by post to Suite 45, 2 Old Brompton Road, London SW7 3DQ. 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.
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
12.2 – 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
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.
All notices given by you to us should be sent by email to email@example.com. Failing that, they may be sent to: Jessica Choay Limited, Suite 45, 2 Old Brompton Road, London SW7 3DQ. 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.
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
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.
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).
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.
MODEL CANCELLATION FORM
To: Jessica Choay Limited, Suite 45, 2 Old Brompton Road, London SW7 3DQ or by email to firstname.lastname@example.org:
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),
[*] Delete as appropriate.
United Kingdom – Free delivery
European Union – £10
Rest of the world – £20
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
email@example.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 Old Brompton Road
SW7 3DQ London
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 firstname.lastname@example.org.
We will notify you by email once we received the parcel and whether you are entitled to a refund.