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Terms and Conditions

These Terms and Conditions ("Terms") govern your use of https://www.jadesigneremporium.com (the "Site"), owned and operated by Andreas Goods Limited, trading as JA Designer Emporium ("Company"). By using the Site, you agree to be bound by these Terms.

Intellectual Property: The content on the Site, including text, images, graphics, logos, and software, is the intellectual property of Company and is protected by copyright, trademark, and other intellectual property laws. You may not use, reproduce, distribute, or display any content on the Site without Company's prior written consent.

Use of Site: You may use the Site for lawful purposes only. You may not use the Site in any way that violates applicable laws or regulations or infringes on the rights of others.

Products and Pricing: Company agrees to sell and deliver to Buyer the products (the "Products") selected by Buyer on the Site. The Products are subject to availability and may be discontinued or changed at any time without notice. The prices of Products are subject to change without notice.

Purchase and Payment: Buyer agrees to pay Company the total purchase price of the Products, including any applicable taxes and shipping fees, as specified on the Site. Payment must be made in full before Company will ship the Products. Company accepts payment by [accepted payment methods].

Delivery: Company agrees to make reasonable efforts to deliver the Products to Buyer by the agreed-upon delivery date. Buyer agrees to accept delivery of the Products and pay any shipping fees.

Acceptance: Buyer agrees to inspect the Products upon delivery and notify Company of any defects or damage within [number] days of receipt. Buyer's failure to notify Company of any defects or damage within this time frame shall constitute acceptance of the Products.

Returns and Refunds: Buyer agrees to accept returns of the Products within [number] days of delivery for a full refund, minus any shipping fees. Products must be returned in their original condition. Refunds will be issued to the original form of payment.

Warranties: Company warrants that the Products will be free from defects in materials and workmanship for a period of [number] days from the date of delivery. Company's sole obligation under this warranty shall be to repair or replace any defective Products.

Limitation of Liability: Company shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with the sale or use of the Products.

Entire Agreement: These Terms constitute the entire agreement between the parties with respect to the sale and purchase of the Products and supersede all prior agreements and understandings, whether written or oral.

Privacy Policy: By using the Site, you agree to the terms of our Privacy Policy, which can be found [here](link to privacy policy).

Cookies and Tracking: By using the Site, you consent to the use of cookies and other tracking technologies as described in our Cookie Policy, which can be found [here](link to cookie policy).

User Accounts: If you create a user account on the Site, you agree to the terms of our User Account Agreement, which can be found [here](link to user account agreement).

Dispute Resolution: Any disputes between you and Company shall be resolved through arbitration in accordance with the rules of the [arbitration organization].

Severability: If any part of these Terms is found to be invalid or unenforceable, the rest of the Terms shall remain in effect.

Headings: The headings used in these Terms are for convenience only and do not affect the interpretation of the agreement.

Waiver: The failure of either party to enforce any part of these Terms shall not be considered a waiver of their right to enforce it in the future.

Assignment: Neither party can transfer their rights or obligations under these Terms to anyone else without the other party's consent.

Force Majeure: Neither party shall be liable for any delay or failure to perform their obligations under these Terms if it is caused by circumstances beyond their control.

Product Descriptions: While we strive for accuracy, we do not guarantee that product descriptions, images, or other content on the website are error-free or current.

Product Availability: Availability of products may vary and is subject to change without notice. We reserve the right to limit the quantity of products available for purchase.

Promotions and Discounts: Promotions, discounts, coupons, or special offers are subject to terms and conditions, including any restrictions or limitations on their use.

Communication: We may communicate with users through email notifications, newsletters, or other means. Users can manage their communication preferences.

Prohibited Conduct: Users are prohibited from engaging in spamming, hacking, impersonation, or any illegal activities on the website.

Modification of Terms: We reserve the right to modify or update the Terms and Conditions at any time. Users will be notified of changes.

Third-Party Services: Use of third-party services on the website is subject to the terms and conditions of those providers.

Updates to Terms: The Company reserves the right to update, change, or modify these Terms and Conditions at any time without prior notice. Any changes to the Terms and Conditions will be effective immediately upon posting on the website. It is your responsibility to review the Terms and Conditions periodically for changes. Your continued use of the website after the posting of changes constitutes your acceptance of such changes.

Account Security: Users are responsible for maintaining the security of their accounts, including choosing strong passwords, not sharing login credentials, and promptly reporting any unauthorized access.

User Content: Guidelines for user-generated content, such as reviews, comments, or forum posts, including restrictions on offensive language, spam, or inappropriate material, are specified.

Termination of Service: Circumstances under which the Company reserves the right to terminate or suspend user accounts or access to the website, such as for violation of terms or illegal activities, are detailed.

Indemnification: Users are obligated to indemnify the Company against any claims, losses, or damages resulting from their use of the website or violation of the Terms and Conditions.

Contact Information: Provide contact information for users to reach out to the Company with questions, concerns, or complaints regarding the Terms and Conditions or website usage.

The Company reserves the right to update, change, or modify these Terms and Conditions at any time without prior notice. Any changes to the Terms and Conditions will be effective immediately upon posting on the website. It is your responsibility to review the Terms and Conditions periodically for changes. Your continued use of the website after the posting of changes constitutes your acceptance of such changes.

Account Security: Users are responsible for maintaining the security of their accounts, including choosing strong passwords, not sharing login credentials, and promptly reporting any unauthorized access.

Limitation of User Liability: Users are not liable for unauthorized transactions made on their accounts if they promptly report the issue to the Company.

User Content: Guidelines for user-generated content, such as reviews, comments, or forum posts, including restrictions on offensive language, spam, or inappropriate material, are specified.

Termination of Service: Circumstances under which the Company reserves the right to terminate or suspend user accounts or access to the website, such as for violation of terms or illegal activities, are detailed.

Modification of Services: The Company reserves the right to modify, suspend, or discontinue any aspect of the website or services provided, with or without notice to users.

Jurisdiction and Governing Law: Clarification of the jurisdiction and governing law applicable to the agreement, including any specific venue for dispute resolution, is provided.

Notification of Changes: Specification of how users will be notified of changes to the Terms and Conditions, such as through email notification or prominently displayed notices on the website, is included.

User Consent: A clause indicating that continued use of the website constitutes acceptance of the updated Terms and Conditions is included.

Indemnification: Users are obligated to indemnify the Company against any claims, losses, or damages resulting from their use of the website or violation of the Terms and Conditions.

Disclaimers:
The Company makes every effort to ensure the accuracy and reliability of the information provided on the website. However, we make no representations or warranties of any kind, express or implied, regarding the completeness, accuracy, reliability, suitability, or availability of the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

The Company shall not be liable for any loss or damage, including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of the website.

 

Data Protection and Security:
The Company is committed to protecting the privacy and security of user data. We implement reasonable measures to safeguard personal information collected through the website. However, the Company cannot guarantee the security of user data transmitted over the internet and encourages users to take necessary precautions when sharing personal information online.

Age Restrictions:
Users must be at least 18 years old to create an account and make purchases on the website. By using the Site, users represent and warrant that they are of legal age to enter into binding contracts.

Compliance with Export Control Laws:
Users agree to comply with all export control laws and regulations applicable to their use of the website. Users may not access or use the website if they are located in a jurisdiction where such access or use would violate export control laws or regulations.

Community Guidelines:
The Company may establish community guidelines for user interactions on the website, including but not limited to rules for posting comments, reviews, or other user-generated content. Users are expected to adhere to these guidelines when engaging with the website community.

User Feedback:
The Company welcomes feedback, comments, and suggestions from users regarding the website and its services. By submitting feedback to the Company, users grant the Company a perpetual, irrevocable, worldwide, royalty-free license to use, modify, adapt, publish, translate, distribute, and display such feedback in any form, media, or technology now known or later developed.

Affiliate Relationships:
The Company may participate in affiliate marketing programs where we earn commissions on purchases made through links to third-party websites. However, these affiliate relationships do not influence our editorial content or product recommendations, and we strive to provide unbiased information to our users.

Governing Language:
The governing language of these Terms and Conditions is English. Translations of these Terms into other languages are provided for convenience only, and in the event of any discrepancy between the English version and a translated version, the English version shall prevail.

Accessibility:
The Company is committed to making the website accessible to all users, including those with disabilities. We strive to adhere to accessibility standards and welcome feedback on how we can improve accessibility for all users.

Feedback and Complaints:
Users who have concerns or complaints regarding the website or the Company's services should contact us using the contact information provided on the website. We will make every effort to address and resolve user complaints in a timely and satisfactory manner.

Accessibility Statement:
Include an accessibility statement outlining the Company's commitment to providing an accessible website for all users, including those with disabilities. This statement can detail the accessibility features of the website, contact information for accessibility inquiries, and a commitment to ongoing accessibility improvements.

User Conduct:
Expand on the section regarding prohibited conduct to include specific examples of behavior that are not allowed on the website. This can include harassment, hate speech, discrimination, or any other behavior that violates the rights of others or creates a hostile environment.

Copyright Complaints:
Provide a procedure for reporting copyright infringement on the website. Users should be able to submit complaints if they believe their copyrighted content has been used on the website without authorization. Outline the steps for submitting a complaint and the Company's process for handling copyright infringement claims.

International Users:
Clarify the website's availability and services for international users. Specify any restrictions or limitations on international shipping, purchases, or access to certain features based on the user's location.

Data Retention:
Explain how user data is retained and for what purposes. Specify the duration for which user data is stored, the types of data retained, and the Company's policies regarding data deletion or anonymization.

Social Media Integration:
If the website integrates with social media platforms or allows users to share content on social media, include provisions regarding social media usage. Specify how user data may be shared with social media platforms and the Company's responsibilities regarding user privacy in these interactions.

Updates to Privacy Policy:
Outline the process for updating the Privacy Policy and how users will be notified of changes. Specify that continued use of the website after changes to the Privacy Policy constitutes acceptance of the updated policy.

Compliance with Payment Card Industry Data Security Standard (PCI DSS):
If the website collects payment information from users, specify the Company's compliance with PCI DSS standards for securely handling payment card data. Outline the measures taken to protect payment information and ensure compliance with industry standards.

User Responsibilities for Software and Hardware:
Include a disclaimer regarding user responsibilities for ensuring compatibility with the website. Specify that users are responsible for ensuring they have the necessary software, hardware, and internet connection to access and use the website effectively.

Termination of Third-Party Services:
If the website relies on third-party services or integrations, specify the Company's rights to terminate or suspend these services. Outline the procedures for notifying users of any changes or disruptions to third-party services that may impact website functionality.

Data Breach Notification:
Outline the Company's procedures for notifying users in the event of a data breach. Specify the timeline for notification, the information provided to affected users, and any remedial measures taken to address the breach.

User Conduct Guidelines:
Provide detailed guidelines outlining acceptable and prohibited conduct for users while interacting with the website. Include provisions regarding respectful communication, lawful behavior, and adherence to community standards.

User Data Collection and Privacy:
Detail how user data is collected, stored, and used by the Company. Specify the types of information collected, such as personal data, cookies, and browsing activity, and outline the purposes for which this data is used, including personalization, analytics, and marketing.

Data Security Measures:
Explain the security measures implemented by the Company to protect user data from unauthorized access, disclosure, alteration, or destruction. Include information about encryption, firewalls, access controls, and other safeguards used to secure sensitive information.

Data Sharing and Disclosure:
Clarify whether user data is shared or disclosed to third parties and under what circumstances. Specify the types of third parties with whom data may be shared, such as service providers, affiliates, or law enforcement agencies, and outline the purposes for which data may be shared, such as processing orders, conducting audits, or complying with legal obligations.

User Data Rights:
Inform users of their rights regarding their personal data, including the right to access, rectify, restrict processing, or delete their information. Provide instructions for exercising these rights, such as contacting the Company's data protection officer or submitting a data subject request through the website.

Cookie Consent and Preferences:
Implement a cookie consent mechanism on the website to obtain user consent for the use of cookies and similar technologies. Allow users to manage their cookie preferences, including opting in or out of non-essential cookies and tracking technologies.

Data Retention Policy:
Establish a data retention policy specifying how long user data is retained by the Company and the criteria used to determine retention periods. Outline the purposes for which data is retained, such as fulfilling orders, providing customer support, or complying with legal obligations, and specify the methods used to securely delete or anonymize data when it is no longer needed.

International Data Transfers:
If user data is transferred to countries outside the European Economic Area (EEA) or other jurisdictions with different data protection laws, provide information about the legal mechanisms used to ensure adequate protection of user data, such as standard contractual clauses or binding corporate rules.

Privacy Shield Certification (if applicable):
If the Company participates in the EU-U.S. Privacy Shield framework or the Swiss-U.S. Privacy Shield framework, include information about the Company's certification status and adherence to the Privacy Shield principles regarding the collection, use, and retention of personal data transferred from the European Union (EU) and Switzerland to the United States.

Contact Information for Data Protection Inquiries:
Provide contact information for users to reach out to the Company with questions, concerns, or complaints regarding data protection practices, including the contact details of the data protection officer or privacy team.

User Responsibilities for Content:
Clarify the responsibilities of users regarding the content they upload, submit, or share on the website. Include provisions regarding the accuracy, legality, and appropriateness of user-generated content, as well as guidelines for copyright compliance and intellectual property rights.

Content Moderation and Removal:
Outline the Company's policies and procedures for moderating user-generated content and removing content that violates the Terms and Conditions or community guidelines. Specify the criteria used to determine whether content should be removed, such as violations of law, harmful or offensive material, or breaches of user agreements.

Copyright and DMCA Compliance:
Provide information about the Company's policies and procedures for addressing copyright infringement and complying with the Digital Millennium Copyright Act (DMCA). Include instructions for submitting copyright infringement notices and counter-notices, as well as the consequences of repeat infringement.

User Feedback and Suggestions:
Establish a process for users to provide feedback, suggestions, or ideas to the Company regarding the website, products, or services. Specify how user feedback will be reviewed, considered, and potentially implemented, as well as any limitations on the use or ownership of user-generated ideas.

User Reviews and Testimonials:
Address the collection, display, and management of user reviews and testimonials on the website. Specify whether reviews are moderated or curated, the criteria for publication, and any disclosures required regarding incentivized or sponsored content.

User Engagement and Community Guidelines:
Promote positive user engagement and community interaction by establishing clear guidelines for participation, communication, and collaboration on the website. Encourage constructive dialogue, mutual respect, and adherence to community standards, and provide consequences for violations of guidelines.

User Education and Awareness:
Educate users about their rights, responsibilities, and best practices for using the website safely, responsibly, and effectively. Provide resources, tips, and tutorials to help users navigate the website, protect their privacy and security, and maximize their experience.

Accessibility and Inclusivity:
Demonstrate the Company's commitment to accessibility and inclusivity by ensuring that the website is designed, developed, and maintained to be usable by individuals with disabilities. Provide information about accessibility features, accommodations, and support services available to users.

Community Support and Resources:
Offer community support forums, help centers, or knowledge bases to assist users with common questions, issues, or concerns. Provide access to resources, tutorials, FAQs, and troubleshooting guides to help users troubleshoot problems and find solutions independently.

Continuous Improvement and Feedback Loop:
Establish mechanisms for collecting, analyzing, and acting on user feedback to drive continuous improvement of the website, products, and services. Encourage users to submit feedback, suggestions, and bug reports, and demonstrate responsiveness to user input and requests.


Additional Provisions:

Loyalty Points Program:

Membership: By signing up as a member on the Site, you automatically become a participant in our Loyalty Points Program ("Program").
Earning Points: Participants earn points by purchasing products on the Site. For every £1 spent, participants receive 1 point. Additionally, participants receive 1 point upon signing up for the Site.
Redeeming Rewards: Points accumulated through the Program can be redeemed for rewards. For example, 1,500 points can be redeemed for a £15 discount on a purchase.
Terms of Use: The Program is subject to additional terms and conditions, which can be found [here](link to Loyalty Points Program Terms). Participation in the Program constitutes acceptance of these terms.


eGift Card Terms and Conditions:

Use Restrictions: eGift cards purchased through the Site are redeemable for online purchases only and cannot be used in physical stores.
No Expiry Date: Our eGift cards have no expiry date, allowing recipients to use them at their convenience.
Non-Refundable: eGift card purchases are non-refundable and cannot be exchanged for cash.
Lost or Stolen Cards: JA Designer Emporium is not responsible for lost or stolen eGift cards. Treat them like cash and store them securely.
By using the Site and participating in the Loyalty Points Program or purchasing eGift cards, you agree to be bound by these additional provisions in conjunction with the Terms and Conditions outlined above.

Effective Date:
These Terms and Conditions are effective as of [15 April 2024]. By continuing to use the website after this date, users acknowledge and agree to be bound by these Terms and Conditions.

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