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 Suite 45, 2 Old Brompton Road, SW7 3DQ London, UK (“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 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 the website checkout page. 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 or directly through our payment page (Shopify) 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 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) 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
(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 the same method originally used by you to pay for your purchase, 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.

Please note we will not be able to refund any Bespoke or made to measure orders.

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. 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, 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.

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, Suite 45, 2 Old Brompton Road, London SW7 3DQ 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

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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
Suite 45
2 Old Brompton Road
SW7 3DQ 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.