These Terms and Conditions ("Terms") constitute a legally binding agreenment ("Agreement") between you and Jessica Graaf.. When these Terms mentions "Jessica Graaf," "we," "us," or "our," it refers to the Jessica Graaf company. If you use any of our services, we will refer to you using the terms "user", "visitor", "you", "your", "yours" in these Terms. This website is owned and run by Jessica Graaf Ltd duly incorporated under the laws of Ireland, having a registration number of 398303 and registered office at Unit 18 Fashion City, Ballymount Road Upper, Ballymount, Dublin 24, Ireland. Jessica Graaf Ltd registered VAT number is 6418303B or GB 294109885 in the United Kingdom. Jessica Graaf Ltdis a subsidiary of Jessica Graaf. Please read through these Terms in conjunction with our our Website Terms of Use, Privacy Statement and Cookie Notice prior to using this Website. 1. Privacy Statement Our Privacy Statement explains how we collect, store and use personal data about you when you access our website, shop with us or otherwise provide your personal data to us. These terms will apply regardless of how the Website is accessed and will cover any technologies or devices by which Jessica Graaf make the Website available to you. Further details can be found at Privacy Statement . By using this Website, you warrant that all data provided by you is accurate and up to date. You are responsible for maintaining and promptly updating account information for accuracy and completeness. 2. Terms of Sale By placing an order you are offering to purchase a product on and subject to the following Terms. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure for which we will not be responsible. Please see our Delivery Charges notice for further information. In order to contract with us you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us or a Paypal account. Jessica Graaf retains the right to refuse any request made by you, and reserves the right to close your Jessica Graaf online account at our sole discretion. If your order is accepted we will inform you by email. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card or Paypal account used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of products and services may fluctuate. All prices advertised are subject to such changes. Please be aware that some of the goods sold through our Websites may not be suitable for children under 18 years of age, so please take extra care when purchasing goods as gifts, for under 18’s. 3. Our Contract This Website is operated by Jessica Graaf Ltd. Unless we say otherwise, we use the terms “Jessica Graaf”, “we” and “us” in this Section A (being the “Website Terms”) to refer to Jessica Graaf Ltd. If you have any questions, whether about our products and services, this website or otherwise, please contact our Customer Service team. 3.1. How the contract is formed After placing an order, you will receive an email from Jessica Graaf acknowledging that we have received your order (the “Order Confirmation”). Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a product or service. All orders are subject to acceptance by Jessica Graaf, and we will confirm such acceptance to you by sending you an email that confirms that the products have been dispatched (the “Dispatch Confirmation”). The contract between us (the “Contract”) will only be formed when we send you the Dispatch Confirmation. The Contract will relate only to those products whose dispatch we have confirmed in the Dispatch Confirmation. 4. Pricing Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. The prices on the Website include VAT but exclude delivery costs, which will be added to the total amount due as set out in our Delivery Costs Guide. Prices are liable to change at any time, but (other than as set out above) changes will not affect orders in respect of which we have already sent you an Order Confirmation. Once you have finished shopping all the products you wish to purchase are added to your bag. Your next step will be to go the checkout process and make a payment. To do this: • Click the “shopping bag” icon at the top of the page • Click on the “checkout” button • Create an account or login if you have already created an account, • Add the address to which you wish the order to be delivered and the billing address or choose store collection • Next complete your payment credit card details • Click “Place order” If you plan to purchase certain large items of furniture and non-furniture items together, you will be required to enter your payment details twice in order to facilitate payment for the separate 2 man delivery services. Please note that certain large items of furniture will be delivered separately from non-furniture items. You may pay using Visa, MasterCard credit/debit cards, Maestro cards and PayPal. Your credit/debit card payment will be made through a secure Website. All payments are subject to authorisation by the card issuer. Card payments are subject to validation checks and authorisation by your card issuer. If your card issuer fails to authorise the payment to us, we will not be liable for any delay or non-delivery, and may not be able to form a Contract with you or we will not be able to proceed with your order. Jessica Graaf must receive full payment for the order at the time the order is processed and before the product is dispatched. A Dispatch Confirmation email will then be sent you. The Website may contain inaccuracies, typographical errors or other errors and may not always be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fulfil any orders that you may place based on information on the Website that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies. 5. Payment Upon receiving your order we carry out a standard pre-authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorisation check has been completed. Your card will be debited once the order has been accepted. Order payments made by Paypal are made at the time of order confirmation. Personal information provided during the order and registration process as a JessicaGraaf.com customer should be true, accurate, current and complete in all respects. If any information changes, please contact our Customer Service team or update your online account details accordingly. 6. Stock Availability All orders for products are subject to availability and in this regard, in the event of supply difficulties or because products are no longer in stock, we will send you an email advising you that we are unable to fulfil your order or one of our Customer Service team will contact you. 7. Refusal of Order Jessica Graaf reserves the right to withdraw any products from this Website at any time and / or remove or edit any materials or content on this Website. Whilst we will use our reasonable endeavours to authorise payments submitted to us, there may be exceptional circumstances which mean that we may need to refuse to process or accept an order after we have received it or sent you an acknowledgement of receipt, which we reserve the right to do at any time, at our sole discretion. Jessica Graaf will not be liable to you or any other third party by reason of our withdrawing any product from this Website, removing or editing any materials or content on this Website or for refusing to process or accept an order after we have received it or sent you an acknowledgement of receipt. 8. Cooling off period – your right to cancel your order While we would bring your attention to our General Refund Policy (See Clause 13), if you are contracting online as a consumer and are an EU resident, the EU Consumer Rights Directive provides that you may cancel a Contract at any time within 14 days, beginning on the day after you received the products. If you have purchased products from the Website and if you decide to cancel your order pursuant to this Clause 8, the Directive provides that you must advise us within 14 days of receipt of the products. You may email Customer Services stating your wish to cancel your contract and quoting your order reference number. Or you can inform us in writing at the following postal address: Customer Service, Jessica Graaf, Unit 18 Fashion City, Ballymount Road upper, Ballymount, Dublin 24, Ireland You must return the items to us (See Clause 13 for details on returning items and a list of products which cannot be returned). You will be responsible for any cost incurred or risk in returning products. You have a legal obligation to take reasonable care of the products while they are in your possession and you will be responsible for any diminished value of the goods resulting from the handling of the goods beyond that necessary to establish their nature, characteristics and functioning. Under the Directive if you fail to inform us within the 14 day period you will not have a right to cancel the Contract and return the products. This does not affect your statutory rights and you may still be able to return products under our General Refund Policy. 9. Your order delivery Subject to availability (see Clause 6 above), we will endeavour to fulfil your order for product(s) listed in the Order Confirmation within a reasonable period of time unless there are exceptional circumstances. If for any reason we cannot meet the delivery date, you will be kept informed and offered a choice of either continuing with the extended delivery time or cancellation with a full refund. Once your order has been dispatched we will email you the details of your order to the email address provided. For the purpose of these Terms, “delivery” or “delivered” shall be deemed to have occurred upon delivery of the product (s) at the address specified by you when you completed your order or at a selected Jessica Graaf or such other delivery method as shall be agreed between you and us. One delivery charge applies for your online order, regardless of how many products you purchase (see Clause 10 regarding when free delivery is offered). A separate charge applies to orders for certain large items of furniture. If you wish to send products to different addresses you must create a different order for each delivery address. 10. Free Delivery Service By taking advantage of the Free Delivery service you agree to the following Terms: This service entitles residents in Ireland and the UK to free delivery on jessicagraaf.com orders of €60 /£60 and over. This offer will be applied automatically at the checkout. Gift cards are excluded from this service and delivery charges apply. This service does not include free postal returns. Jessica Graaf reserves the right to (i) cancel this promotion and (ii) amend these Terms at any time. 11. International Delivery If your delivery address is outside of the EU, you may have to pay import duties and taxes, which are levied once a shipment reaches your country. You must meet any additional charges for customs clearance. Please note that customs policies vary widely from country to country. We recommend you contact your local customs office for further information. 12. Risk and Title Any products ordered will be at your risk from the time of delivery. Ownership of the products will only pass to you when we receive full payment of all sums due in respect of the products, including delivery charges, or upon delivery, whichever is later. 13. General Online Refund and Exchange policy Refunds or in store exchanges* may be given within 28 days from the date of purchase for products of saleable quality returned in the original saleable condition, in their original packaging, with swing tickets/barcodes attached and with the relevant online dispatch note or store online receipt (*exchanges can only take place in store). Please contact Customer Service if you have lost or mislaid your dispatch note. Refunds will be credited to the original tender used to process the payment. If products received as a “gift” (recipient is not the purchaser) are returned to our online returns centre for refund, the refund will be processed onto the original card used as payment for the order. This does not apply in respect of faulty, damaged or incorrectly supplied goods where your statutory rights are unaffected. To qualify for a refund, all products must be returned to Jessica Graaf in accordance with the Jessica Graaf returns policy set out above. Cooling off period In addition to our General Refund Policy, EU customers have the right to cancel their order under the EU Consumer Rights Directive. Please see Clause 8 for more details. Faulty/incorrect products received In the unlikely event that you have received the wrong products from Jessica Graaf or that the products are faulty or damaged in any way please contact our Customer Service Team. Order Returns (excludes certain items of large furniture) Items purchased online for postal delivery can be returned within 28 days of purchase (or 14 days from receipt in accordance with Clause 8 (Cooling Off period). Items purchased for store collection can be returned within 28 days of receipt in-store. There are 3 ways to return items: 1.Ordered online and delivered by post/courier If you ordered online and your order was delivered by post/courier you may return the item(s) to store (if applicable) or post back to the following address: a) For Republic of Ireland and UK Jessica Graaf Online Returns, Unit 18 Fashion City, Ballymount Road Upper,Ballymount,Dublin 24,Ireland The cost of postage for returning the item(s) is not refunded. Returns queries If you have a query regarding an online return, please email us at the following [email protected] or contact us from 9.30am to 6pm Monday to Friday on the below number. +353 1 4295111 16. Disclaimer of Liability Due to the nature of this Website and the potential for errors in the storage and transmission of digital information, we do not warrant the accuracy and security of information transmitted to or obtained from this Website unless otherwise expressly set out on this Website. All product descriptions, information and materials posted on this Website are provided “as is” and without warranties express, implied or otherwise howsoever arising. We warrant to you that any product purchased from us through this Website is of satisfactory quality and reasonably fit for all of the purposes for which products of the kind are commonly supplied. To the fullest extent permissible pursuant to law, but without excluding anything that may not lawfully be excluded in the case of consumers, we disclaim all other warranties of any kind, whether express or implied, in relation to the products. Our liability in connection with any product purchased through our Website is strictly limited to the purchase price of that product. Nothing in this Clause will affect your statutory rights as a consumer or your Contract cancellation rights. 17. Written Communications Applicable laws require that some of the information or communications we send to you should be in writing. When using our Website, you accept that communication with us will be mainly electronic. You agree that e-mail can be used as a long-distance means of communication. Jessica Graaf will contact you by email 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. 18. Waiver If you breach these Terms and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms 19. Severability If any of these Terms or any 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. 20. Complaints If you have a complaint about Jessica Graaf, please contact our Customer Service team here: • via email here • via post to Jessica Graaf Customer Service, 46-50 South Great Georges Street, Dublin 2 21. Governing Law & Jurisdiction These Terms shall be governed by and constructed in accordance with the laws of the Republic of Ireland and all disputes will be referred to the exclusive jurisdiction of the Irish Courts. 22. Entire Agreement The above Terms constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Jessica Graaf. Any waiver of any provision of the Terms will be effective only if in writing and signed by a Director of Jessica Graaf.