Policies and T&Cs

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Contents

 

Privacy Policy
Acceptable Use Policy
Terms of Sale
Returns and Refund Policy
Terms and Conditions

 

 

Privacy Policy

 

Jywal, a trading name for Daya Halai Limited (“We”) are committed to protecting and respecting your privacy.

 

This policy (together with our terms of use and any other documents referred to on it) 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. By visiting enquiries@jywal.com (the “site”) you are accepting and consenting to the practices described in this policy.

 

For the purpose of the Data Protection Act 1998 (the “Act”), the data controller is Jywal, a trading name for Daya Halai Limited, company number 05317126, of whose principal office is at Suite 465, Building 4, North London Business Park, Oakleigh Road South, London N11 1GN and whose registered office is at Suite 465, Building 4, North London Business Park, Oakleigh Road South, London N11 1GN.

 

Our nominated representative for the purpose of the Act is Daya Halai. Our contact details are enquiries@jywal.com  and +44 (0)7765 444 747.

 

INFORMATION WE MAY COLLECT FROM YOU

We may collect and process the following data about you:

  • Information you give us.You may give us information about you by filling in forms on our site www.jywal.com or by corresponding with us by phone, e-mail or otherwise. This includes information you provide when you register to use our site, subscribe to our service, search for a product, place an order on our site, participate in discussion boards or other social media functions on our site, enter a competition, promotion or survey and when you report a problem with our site. The information you give us may include your name, address, e-mail address and phone number, financial and credit card information.
  • Information we collect about you.
    • With regard to each of your visits to our site we may automatically collect the following information:
      • technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
      • information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our site (including date and time); products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number.
    • Information we receive from other sources.We may receive information about you if you use any of the other websites we operate or the other services we provide. We also working closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies) and may receive information about you from them.

 

COOKIES
Jywal uses cookies. These help us to better adapt the contents of this site to your wishes and to gather statistical data on the use of our website. Cookies are small text files that a website can store locally in the memory of the browser on the computer you are using. Cookies allow our website to recognize your internet browser. The cookies we use on our website do not gather or store personal information about you or your use. You can delete cookies at any time yourself by using the appropriate function in your internet browser or by deleting the cookies from your hard drive. You will find instructions on how to do this in the help menu of your internet browser.

 

USING THE WEBSITE WITHOUT COOKIES
You can of course use our website without cookies. You can deactivate the use of all cookies through the settings function of your internet browser. Alternatively, you can choose to have the browser ask you each time before accepting a cookie and accept or decline each cookie on an individual basis. Rejecting or displaying cookies can affect the behaviour of our website.

 

GOOGLE ANALYTICS
This Website uses Google Analytics, a web analytics service of Google Inc. (“Google”) Google Analytics uses cookies, which are stored on your computer and which allow your use of the website to be analyzed.

 

The information on your use of this website generated by this cookie (including your IP address) is transferred to and stored on a Google server in the USA.

 

Google uses this information to evaluate your use of this website to compile reports on website activities for website owners and to provide other services for website and internet use. Google will make this information available to third parties if Google is required legally to do so or if Google contracts those parties to process data.

 

Google will not link your IP address to any other data at Google Inc. You can prevent these cookies from being installed by configuring your browser accordingly. Please be advised that you may not be able to access all functions of this website if you do so. By using this website, you expressly allow Google to process data collected in the manner for the purposes mentioned above.

 

You will find the official data protection regulations of Google Analytics at https://tools.google.com/dlpage/gaoptout?hl=en

 

USES MADE OF THE INFORMATION

We use information held about you in the following ways:

  • Information you give to us.We will use this information;
    • to provide you with information about other goods and services we offer that are similar to those that you have already purchased or enquired about;
    • to provide you, or permit selected third parties to provide you, with information about goods or services we feel may interest you. If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale or negotiations of a sale to you.
    • to notify you about changes to our service;
    • to ensure that content from our site is presented in the most effective manner for you and for your computer.
  • Information we collect about you.We will use this information:
    • to administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
    • to improve our site to ensure that content is presented in the most effective manner for you and for your computer;
    • to allow you to participate in interactive features of our service, when you choose to do so;
    • as part of our efforts to keep our site safe and secure;
    • to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;
    • to make suggestions and recommendations to you and other users of our site about goods or services that may interest you or them.
  • Information we receive from other sources. We may combine this information with information you give to us and information we collect about you. We may us this information and the combined information for the purposes set out above (depending on the types of information we receive).

 

DISCLOSURE OF YOUR INFORMATION
We may share your personal information with any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.

 

We may share your information with selected third parties including:

  • Business partners, suppliers and sub-contractors for the running of our website and performance of any contract between them or you.
  • Advertisers and advertising networks that require the data to select and serve relevant adverts to you and others. We do not disclose information about identifiable individuals to our advertisers, but we may provide them with aggregate information about our users (for example, we may inform them that 500 men aged under 30 have clicked on their advertisement on any given day). We may also use such aggregate information to help advertisers reach the kind of audience they want to target (for example, women in SW1). We may make use of the personal data we have collected from you to enable us to comply with our advertisers’ wishes by displaying their advertisement to that target audience.
  • Analytics and search engine providers that assist us in the improvement and optimisation of our site.
  • Credit reference agencies for the purpose of assessing your credit score where this is a condition of us entering into a contract with you.

 

We may disclose your personal information to third parties:

  • 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 or substantially all of our assets are acquired by a third party, in which case personal data held by us about our customers will be one of the transferred 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 terms of use, terms and conditions of supply and other agreements; or to protect our rights, property, or safety or the rights, property, or safety of our customers and/or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

 

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 maybe engaged in, among other things, the fulfilment of your order, the processing of your payment details 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 our secure servers. Any payment transactions will be encrypted using 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; 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 unauthorised access.

 

YOUR RIGHTS

You have the right to ask us not to process your personal data for marketing purposes. We will usually 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. You can also exercise the right at any time by contacting us at Jywal, 354 Old York Road, Wandsworth, SW18 1SS, London, UK or enquiries@jywal.com.

 

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 INFORMATION

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 fee of £10 to meet our costs in providing you with details of the information we hold about you.

 

CHANGES 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. Please check back frequently to see any updates or changes to our privacy policy.

 

CONTACT

Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to: Jywal, 354 Old York Road, Wandsworth, SW18 1SS, London, UK or enquiries@jywal.com.

 

 

Acceptable Use Policy

 

This acceptable use policy sets out the terms between you and us under which you may access our website www.jywal.com (our “site”). This acceptable use policy applies to all users of, and visitors to, our site.

 

Your use of our site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms and conditions.

 

The site is operated by Jywal, a trading name for Daya Halai Limited (“we” or “us”). We are registered in England and Wales under company number 05317126 and our registered office is at Suite 465, Building 4, North London Business Park, Oakleigh Road South, London N11 1GN.

 

PROHIBITED USES

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

  • In any way that breaches any applicable local, national or international law or regulation.
  • In any way that 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 our content standards.
  • To transmit, or procure the sending of, any unsolicited or unauthorised 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 our site in contravention of the provisions of our terms and conditions.
  • Not to access without authority, interfere with, damage or disrupt:
  • any part of our site;
  • any equipment or network on which our site is stored;
  • any software used in the provision of our site; or
  • any equipment or network or software owned or used by any third party.

 

INTERACTIVE SERVICES

We may from time to time provide interactive services on our site, including, without limitation:

  • Chat rooms.
  • Bulletin boards.

(“Interactive Services”).

 

Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

 

We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

 

The use of any of our Interactive Services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.

 

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

 

CONTENT STANDARDS

These content standards apply to any and all material which you contribute to our site (“contributions”), and to any Interactive Services associated with it.

 

You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.

 

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.

 

SUSPENSION AND TERMINATION

We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.

 

Failure to comply with this acceptable use policy constitutes a material breach of the terms and conditions upon which you are permitted to use our site, and may result in our taking all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to use our site.
  • Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
  • Issue of a warning to you.
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • Further legal action against you.
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

 

We exclude liability for actions taken in response to breaches of this acceptable use policy.  The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

 

CHANGES TO THE ACCEPTABLE USE POLICY

We may revise this acceptable use policy 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 make, as they are legally binding on you.

 

 

Terms of Sale

 

THESE TERMS

What these terms cover. These are the terms and conditions on which we supply goods to you.

  • Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.

 

INFORMATION ABOUT US AND HOW TO CONTACT US

Who we are. We are Jywal, a trading name for Daya Halai Limited a company registered in England with company registration number 05317126 and our registered office of Suite 465, Building 4, North London Business Park, Oakleigh Road South, London N11 1GN.

 

How to contact us. You can contact us by telephoning us at +44 (0)7765 444 747 or by writing to us at enquiries@jywal.com or Jywal, 354 Old York Road, Wandsworth, SW18 1SS, London, UK.

  • How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
  • “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

 

OUR CONTRACT WITH YOU

  • How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
  • If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product.
  • Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

 

OUR PRODUCTS

  • Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.

 

YOUR RIGHTS TO MAKE CHANGES

  • If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8 – Your rights to end the contract).

 

OUR RIGHTS TO MAKE CHANGES

  • Minor changes to the products. We may change the product to reflect changes in relevant laws and regulatory requirements and to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product.
  • More significant changes to the products and these terms. We may make the changes to these terms or the product, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.

 

PROVIDING THE PRODUCTS

  • Delivery costs. The costs of delivery will be as displayed to you on our website.
  • When we will provide the products. The product/s will be shipped with 1 – 5 working days, dependent purchase, All items will be sent via Royal Mail, Sign For (for both non-international and international), the garments will be required to be signed for, upon delivery.
  • We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
  • If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, the postal service will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
  • If you do not re-arrange delivery. If you do not collect the products as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you, we may end the contract and clause 2 will apply.
  • Your legal rights if we deliver goods late. You have legal rights if we deliver any goods late. If we miss the delivery deadline for any goods then you may treat the contract as at an end straight away if any of the following apply:
    • we have refused to deliver the goods;
    • delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
    • you told us before we accepted your order that delivery within the delivery deadline was essential.
  • When you become responsible for the goods. Products which will be your responsibility from the time we deliver the product to the address you gave us or you collect it from us.
  • When you own goods. You own the goods once they have been delivered.
  • What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you. If so, this will have been stated in the description of the products on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 2 will apply). We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
  • Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
    • deal with technical problems or make minor technical changes;
    • update the product to reflect changes in relevant laws and regulatory requirements;
    • make changes to the product as requested by you or notified by us to you (see clause 6).
  • Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
  • We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 4) and you still do not make payment within 14 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see clause 12.6). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see clause 12.5).

 

YOUR RIGHTS TO END THE CONTRACT

  • You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
  • If what you have bought is faulty or mis-described you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 11;
  • If you want to end the contract because of something we have done or have told you we are going to do, see clause 2;
  • If you have just changed your mind about the product, see clause 3. You may be able to get a refund if you are within the returns period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
  • In all other cases (if we are not at fault and there is no right to change your mind), see clause 6.
  • Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out to the points below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
    • we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 2);
    • we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
    • there is a risk that supply of the products may be significantly delayed because of events outside our control;
    • we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 21 days; or
    • you have a legal right to end the contract because of something we have done wrong (including because we have delivered late (see clause 7).
  • Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
  • When you don’t have the right to change your mind. You do not have a right to change your mind in respect of items which are made to order, bespoke or personalised.
  • How long do I have to change my mind? You have 14 days after the day you (or someone you nominate) receives the goods.
  • Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 1), you can still end the contract before it is completed (on delivery), but you may have to pay us compensation. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment), charge you for reasonable compensation for the net costs we will incur as a result of your ending the contract.

 

HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)

  • Tell us you want to end the contract. To end the contract with us, please let us know by emailing us at enquiries@jywal.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
  • Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must write to us at enquiries@jywal.com and we will give you instructions for returning the products.

 

You must pay the costs of return.

  • What we charge for collection. We are collecting the product from you, we will charge you the direct cost to us of collection.
  • How we will refund you.  We will refund you the price you paid for the products, by the method you used for payment. However, we may make deductions from the price, as described below.
  • Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
  • When your refund will be made. We will make any refunds due to you in 7 – 10 working days. If you are exercising your right to change your mind then and we have not offered to collect them, your refund will be made within 7 – 10 working days, from 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. For information about how to return a product to us, see clause 9.2.

 

OUR RIGHTS TO END THE CONTRACT

  • We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
    • you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
    • you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; or
    • you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
  • You must compensate us if you break the contract. If we end the contract in the situations set out in clause 1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
  • We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will refund any sums you have paid in advance for products which will not be provided.

 

IF THERE IS A PROBLEM WITH THE PRODUCT

  • How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can email us at enquiries@jywal.com.
  • Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.

 

 

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions.

The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

·       up to 14 days: if your goods are faulty, then you can get an immediate refund.

·       up to one month: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.

·       up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.

·       See also clause 8.3.

See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).

 

 

Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must return them to us by e-mailing us at enquiries@jywal.com to arrange returns or return to Jywal, 354 Old York Road, Wandsworth, SW18 1SS, London, UK.

 

PRICE AND PAYMENT

  • Where to find the price for the product. The price of the product will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 3 for what happens if we discover an error in the price of the product you order.
  • We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
  • What happens if we got the price wrong? It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
  • When you must pay and how you must pay. We accept payment by World Pay or PayPal; you must pay for the products before we dispatch them.
  • We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
  • What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

 

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

  • We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
  • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 2; and for defective products under the Consumer Protection Act 1987.
  • We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

 

HOW WE MAY USE YOUR PERSONAL INFORMATION

  • How we will use your personal information? We will use the personal information you provide to us:
    • to supply the products to you;
    • to process your payment for the products; and
    • if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
  • We will only give your personal information to third parties where the law either requires or allows us to do so.

 

OTHER IMPORTANT TERMS

  • We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
  • You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
  • Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
  • If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
  • Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
  • Which laws apply to this contract and where you may bring legal proceedings? These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

 

 

Returns and Refund Policy

 

We hope you love the item you have purchased. If you are not perfectly satisfied, you may return it within 14 days of the delivery date.

To return an item, you must meet all the Return Conditions below:

  • Items should be returned new, unused, unwashed and with all garment tags attached to them. Loose tags or broken tags will not be accepted for a refund. It must also be in the original pouch and packing provided. When trying on items, please ensure that they are not kept in contact with anything that may mark or add a scent to them such as drinks, perfume, deodorant, cigarettes etc.Items that appear worn or used will not be refunded and returned to the customer.
  • The returns form will be required to be completed. Without that, the item will not be accepted for returns.
  • Custom orders and individual designs of clothing, as well as accessories, do not qualify for returns or cancellations.

 

If the Return Conditions are met, you should email us at enquiries@jywal.com with the order number, the relevant product name and the reason for the return, clearly stating “Returns” in the subject line. Once you hear back from us, you should dispatch the order in the original packaging and with the tracking details once dispatched. Please note that the returned item should be received by us within 14 days of the delivery date. Any charges incurred in returning an item will be borne by the customer.

 

We will issue a full refund for all successfully returned items within 14 days of receiving them. Your refund will be credited to the original method of payment used to place the order. Shipping costs and taxes/duties (if any) will not be refunded. Please note that it can take up to 7 – 10 working days for the refund to appear in your account.

To avoid disappointment, please check whether an item is refundable or non-refundable before ordering.

 

All returns should be sent to: Jywal, 354 Old York Road, Wandsworth, SW18 1SS, London, UK.

 

 

Terms and Conditions

 

This terms and conditions (together with the documents referred to in it) tells you the terms and conditions on which you may make use of our website www.jywal.com (the “site”), whether as a guest or a registered user. Use of our site includes accessing, browsing, or registering to use our site.

 

Please read these terms and conditions carefully as these will apply to your use of our site.

 

By using our site, you confirm that you accept these terms and conditions and that you agree to comply with them.

 

If you do not agree to these terms and conditions, you must not use our site.

 

OTHER APPLICABLE TERMS

These terms and conditions refer to the following additional terms, incorporated into the terms and conditions, which also apply to your use of our site:

  • Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
  • Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.
  • Our Cookie Policy, which sets out information about the cookies on our site.
  • Our Returns Policy, which sets out information about returns and refunds.

 

If you purchase goods from our site, our terms and conditions of supply (“terms of supply”) will apply to the sales.

 

INFORMATION ABOUT US

The site is operated by Jywal, a trading name for Daya Halai Limited (“we” or “us”). We are registered in England and Wales under company number 05317126 and have our registered office at Suite 465, Building 4, North London Business Park, Oakleigh Road South, London N11 1GN. Our VAT number is [To come soon]. We are a limited company.

 

CHANGES TO THESE TERMS

We may revise these terms and conditions at any time by amending this page.

 

Please check this page from time to time to take notice of any changes we made, as they are binding on you.

 

CHANGES TO OUR SITE

We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.

 

We do not guarantee that our site, or any content on it, will be free from errors or omissions.

 

ACCESSING OUR SITE

Our site is made available free of charge.

 

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.

 

You are responsible for making all arrangements necessary for you to have access to our site.

 

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms and conditions and other applicable terms and conditions, and that they comply with them.

 

We may limit the availability of our site or any service or product described on our site to any person or geographic area at any time.

 

REGISTRATION, YOUR ACCOUNT AND PASSWORD

To use some of the services or features made available to you on this site, you will need to register. When you register, you are required to provide information about yourself that is true, accurate, current and complete in all respects. Should any of your registration information change, please notify us immediately at enquiries@jywal.com. We may also change registration requirements from time to time.

 

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

 

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms and conditions.

 

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at enquiries@jywal.com or Jywal, 354 Old York Road, Wandsworth, SW18 1SS, London, UK, telephone at +44 (0)7765 444 747.

 

ELIGIBILITY TO PURCHASE

In order to make purchases on the site, you will be required to provide your personal details. In particular, you must provide your real name, phone number, email address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the billing information provided. The site is available only to individuals and others who meet our terms of eligibility, who have been issued with a valid debit/credit card by a bank acceptable to us, whose applications are acceptable to us and who have authorised us to process a charge or charges on their debit/credit card in the amount of the total purchase price for the merchandise which they purchase. We reserve the right to restrict multiple quantities of an item being shipped to any one customer or postal address. By making an offer to purchase merchandise, you expressly authorise us to perform credit checks and where we feel necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your debit/credit card number or credit reports, to authenticate your identity, to validate your debit/credit card, to obtain an initial debit/credit card authorisation and to authorise individual purchase transactions. Furthermore, you agree that we may use personal information provided by you in order to conduct appropriate anti-fraud checks. Personal information that you provide may be disclosed to a credit reference agency or fraud prevention agency, which may keep a record of that information.

 

ORDERS

All orders are subject to acceptance and availability, and items in our shopping basket are not reserved and may be purchased by other customers. We offer products for sale that are in stock and available for dispatch. Occasionally, we may be waiting for shipments from our suppliers. Consequently, you may from time to time be given the possibility of making an advance payment for certain items in which case you are able to make an advance purchase. This will ensure that you receive this item in priority once stock has been delivered to us. We will only take advance purchase orders for stock that has been scheduled for delivery by a supplier. Your rights regarding advance purchase are the same as those for any other purchase on our site. Please be aware that we may be unable to deliver selected advance payment merchandise due to production problems or quality checks issues identified when we receive an order into stock. In these circumstances we will notify you and refund the advance payment to your debit/credit card within thirty days of being advised that merchandise has become unavailable.

 

PRICING POLICY

All prices and offers remain valid as advertised from time to time. Product prices are set using existing currency exchange rates. These prices are subject to change if the applicable currency exchange rate changes before your order is accepted or the items are subject to markdowns at any time during the selling period. The price applicable to your order will be the price current at the time your order is accepted.

 

Once an item has been purchased at a discounted sale price, no price adjustment will be offered.

 

Your card will be charged in currency based on the place where the goods are purchased. If you are a customer whose debit/credit card is not denominated in pounds sterling, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.

 

All prices are excluding taxes and as the recipient, you are liable for all import duties, customs and local sales taxes levied by the country you are in. Payment of these at the time of delivery is necessary to release your order from customs on arrival.

 

ACCEPTANCE OF YOUR ORDER

Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is not an acceptance of your order, just a confirmation that we have received it. Unless you cancel your order, acceptance of your order and completion of the contract between you and us will be completed when we email you to confirm that the goods have been dispatched.

 

We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorisation for payment, that shipping restrictions apply to a particular item, the item that is ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the terms of sale. We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or to any third party for reason of our withdrawing any merchandise from the site whether or not that merchandise has been sold, removing screening or editing any materials or content on the site, refusing to process a transaction or unwinding or suspending any transaction after it has begun.

 

PAYMENT

Payment can be made by Worldpay or PayPal and any other methods which may be clearly advertised on the site from time to time. You confirm that the debit/credit card that is being used is yours or that you have been specifically authorised by the owner of the debit/credit card to use it. All debit/credit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery. We take reasonable care to make our site secure. All debit/credit card transactions on this site are processed using a secure online payment gateway that encrypts your card details in a secure host environment. These details will be fully encrypted and only used to process card transactions which you have initiated. To help ensure that your shopping experience is safe, simple and secure, we use SSL technology. Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the site.

 

INTELLECTUAL PROPERTY RIGHTS

Your use of the site and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material relating to the Content (as described below), including our software and all html and other code contained in the site. We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You are permitted to use the Content only as expressly authorised by us. We grant you a limited, revocable and non-exclusive license to access and make personal use of the site.

 

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

 

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must 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) as the authors of content on our site must always be acknowledged.

 

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

 

If you print off, copy or download any part of our site in breach of these terms and conditions, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

 

CONTENT

In addition to the intellectual property rights mentioned above, “Content” is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this site. We try to ensure that the information on this site is accurate and complete. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date. We do not promise that the functional aspects of our site or our Content will be error free or that this site, our Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the internet ensure they have up to date virus checking software installed.

 

UPLOADING CONTENT TO OUR SITE

Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy.

 

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

 

Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of the Site a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in the next paragraph (Rights you license).

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our 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 content posted by you or any other user of our site.

 

We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.

 

The views expressed by other users on our site do not represent our views or values.

 

You are solely responsible for securing and backing up your content.

 

RIGHTS YOU LICENSE

When you upload or post content to our site, you grant the following licenses:

  • You grant us a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display and perform such content in connection with the service provided by our site and across all media including for the promotion of the service.
  • You grant third parties (including but not limited to, other users of our site, our partners and/or advisors) the right to use such content in accordance with the functionality of our site.

Licences granted by you will be for as long as such content is hosted on our site. Should you delete such content from our site the licenses to use such content shall remain in force for a period of 12 months from deletion.

 

VIRUSES

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.

 

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our 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 our site will cease immediately.

 

LINKING TO OUR 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.

 

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 to our site in 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 our site other than the home page.

 

We reserve the right to withdraw linking permission without notice.

 

The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy. If you wish to make any use of content on our site other than that set out above, please contact enquiries@jywal.com

 

THIRD PARTY LINKS AND RESOURCES IN OUR SITE

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over and are not responsible for the content or accuracy of those sites or resources, nor are we responsible or liable for any damage, loss or offence caused or alleged to be caused by or in connection with the use or reliance on any such content on such other sites and third party resources.

 

NO RELIANCE ON INFORMATION

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

 

NO COMMERCIAL USE

This site if for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer or sell any content, software, products or services contained within this site. You may not use this site, or any of its content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your site, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity

 

YOUR ACTIVITY

You agree that you will be personally responsible for your use of this site and for all of your communication and activity on and pursuant to this site. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the terms of sale, we may deny you access to the site on a temporary or permanent basis.

 

YOUR RIGHTS

You have certain rights under the law. In England, these include:

That any products you order through this site will be of satisfactory quality, fit for intended purpose and will confirm to the description given on this site; Certain remedies if the product is defective; and a right to cancel any order for a product within 14 days after the date of receipt of the product and receive a full refund even if it is not defective. Nothing in the terms of sale is intended to affect these rights. For more information about your rights contact your local Citizens Advice Bureau or Trading Standards Bureau.

 

LIMITATION OF OUR LIABILITY

Nothing in these terms and conditions excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law. Nothing in the terms of sale is intended to affect your rights under the law. If we breach the terms of sale, we shall only be liable for losses that are direct losses and are a reasonably foreseeable consequence of such a breach. Losses are foreseeable where, for example, they could be contemplated by you and us at the time of you placing your order, and us dispatching your order. We shall only be liable for losses up to 150% of the total value of goods purchased. We are not responsible for losses not caused by our breach or negligence, indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you or us (for example, loss of profits or loss of opportunity). We are also not responsible for failure to meet any of our obligations under the terms of sale where such failure is due to events beyond our reasonable control.

 

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

 

COMPENSATION

At our request, you agree to compensate us fully, defend us and hold us harmless immediately on demand, our officers, directors, agents, affiliates, licensors and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the terms of sale by you, including the use by any other persons accessing this site using your internet account caused by your action or inaction.

 

OUR RELATIONSHIP

You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of the terms of sale or your use of this site. You agree that you may not and will not hold yourself out as our representative, agent or employee and we shall not be liable for any representation, act or omission on your part.

 

NO WAIVER

If you breach the terms of sale and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the terms of sale.

 

APPLICABLE LAW

The terms of sale, together with all our policies and procedures, will be governed by and construed in accordance with English law and the relevant courts of England and Wales will have exclusive jurisdiction.

 

CONTACT US

To contact us, please email enquiries@jywal.com.

 

Thank you for visiting our site.