Terms & Conditions 2017-02-10T15:15:45+00:00

Terms & Conditions

  • JENNY SCHWARZ (“we” “us”) website(s) (our “Site” or “Sites”) and related services are made available to you in accordance with the following Terms of Use & Service and any other rules posted on our Sites (collectively, the “TOS”). Please read the TOS carefully before placing any orders on www.jennyschwarz.com. We recommend you should keep a copy of the TOS for future reference.JENNY SCHWARZ is a trading name of JENNY SCHWARZ Limited, a company registered in England and Wales under registration number 7612917. Our registered address is 16 B Clova Road, London, E7 9AH, United Kingdom. If you have any comments about JENNY SCHWARZ, you can email us at studio@jennyschwarz.com
  • In particular, we wish to draw your attention to our policies relating to the terms of purchase within the TOS and our Privacy Policy. If you are under 16 you must let your parent or guardian know about JENNY SCHWARZ’s Privacy Policy before you register to use this Site or any of this Site’s services. We reserve the right to only accept orders from those over 18 however.We may modify the TOS from time to time. Please read the TOS and check back often. If you do not agree to any change to the TOS then you must immediately stop using the Site. Any changes made after you have placed an order will not affect that order unless we are required to make the change by law. 
  • REGISTRATIONTo 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 the following e-mail address studio@jennyschwarz.com We may also change registration requirements from time to time.The account password you provide should be unique and kept secure, and you must notify JENNY SCHWARZ immediately of any breach of security or unauthorised use of your account.

    Please refer to our Privacy Policy for information about how we use your data.

  • ELIGIBILITY TO PURCHASEIn 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, e-mail 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 the JENNY SCHWARZ terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to JENNY SCHWARZ, whose applications are acceptable to JENNY SCHWARZ and who have authorised JENNY SCHWARZ to process a charge or charges on their credit/debit card in the amount of the total purchase price for the merchandise which they purchase. JENNY SCHWARZ reserves 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 JENNY SCHWARZ feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/debit card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit 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 or fraud prevention agency, which may keep a record of that information.

    Please refer to our Privacy Policy for further information about how we use your data.

  • ‘MADE TO ORDER’ ORDERSJENNY SCHWARZ offers products on a ‘made to order’ basis. These products are made to order using our studio standard small, medium, large and x-large patterns and will contain no additional or alternative specifications including but not restricted to pattern adjustments, design details, fabric quality, colour and weight.Once you have made your choice and your ‘made to order’ order has been placed, you will receive an email acknowledging the details of your ‘made to order’ order. This email is NOT an acceptance of your order, just a confirmation that we have received it.

    You will receive a further email confirming the acceptance of your order from which point the lead time commences.

    All ‘made to order’ orders will be paid for in full in advance of production and have lead times of between 2-4 weeks. All lead times are for production and are guides only. JENNY SCHWARZ will not be held responsible for not meeting the lead times for reasons that are reasonably beyond our control.

    For all other information regarding ‘made to order’ orders please refer to our policies below.

  • STOCK ORDERSJENNY SCHWARZ offers products for sale that are in stock and available for dispatch from our London studio. All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers. JENNY SCHWARZ will store a record of your transactions for a minimum of one year.
  • PRICING POLICYPrices shown on the Site are in GBP and are inclusive of VAT at the applicable rate.All prices and offers remain valid as advertised from time to time. The GBP price of a product displayed on the Site at the time the order is accepted will be honoured, except in cases of patent error.

    Product prices are set at the beginning of each season 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.

    Customers purchasing from a country served as DDP will incur relevant import duty and tax. These costs are included in the final purchase price. Customers purchasing from a country served as DDU will be charged for the items purchased and shipping costs only. Import duty or tax costs will be invoiced to you directly from the courier or an import broker appointed by you. We recommend you contact your local customs authority to determine a landed cost price prior to purchase completion.

    If you are a customer whose credit/debit card is not denominated in Sterling, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.

  • ACCEPTANCE OF YOUR ORDEROnce 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 JENNY SCHWARZ will be completed when we email you to confirm the goods have been dispatched. The sale contract is therefore concluded in London, England and the language of the contract is English.

    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, that the item 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 TOS.

    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 any third party by 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 processing has begun.

  • PAYMENTPayment can currently only be made via Paypal, and any other methods which may be clearly advertised on the Site from time to time. When selecting this option at checkout, you will be directed to the PayPal site to ‘Log In’ and review the amount shown before clicking ‘Pay Now’. Once this transaction is complete, you will then return to www.jennyschwarz.com. Payment will be debited and cleared from your account upon dispatch of your order by JENNY SCHWARZ. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit 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 JENNY SCHWARZ, we will not be liable for any delay or non-delivery.We take reasonable care to make our Site secure. All credit/debit card transactions on this site are processed using Shopify Shopping Cart, a secure online payment gateway that encrypts your card details in a secure host environment. If you are a registered JENNY SCHWARZ user, we will securely store your credit/debit card details on our systems. 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, JENNY SCHWARZ uses Secure Socket Layer (SSL) technology. Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the 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.

  • INSURANCE AND DELIVERYJENNY SCHWARZ insures each purchase during the time it is in transit until it is delivered to your specified delivery address. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfilment by JENNY SCHWARZ, and transfer of responsibility in the same way.Please note that we aim to dispatch all stock orders within 24 hours, or 48 hours during sale periods. ‘Made to Order’ orders are delivered after the 2-4 week production lead time. Estimated delivery times are to be used as a guide only and commence from the date of dispatch. JENNY SCHWARZ is not responsible for any delays caused by destination customs clearance processes.
  • RETURNS AND EXCHANGES (CANCELLING YOUR ORDER UNDER THE DISTANCE SELLING REGULATIONS)If you are based in the EU under the Consumer Protection (Distance Selling) Regulations 2000 (DSRs), you have the right to cancel your order with us provided you give us written notice. Notice can be given any time after your order has been placed, up until 7 working days from the day after you received you order. Notice of contract cancellation under the DSRs must be given in writing to:Notice of Contract Cancellation, 
JENNY SCHWARZ LTD, 
16 B Clova Road,
London E7 9AH, United Kingdom

    or by email to: studio@jennyschwarz.com

    For orders cancelled under the DSRs, we will issue you with a full refund including the shipping cost. However, you will need to return the entire order to us by secure means to ensure it reaches us in good condition, at your own cost. Cancelled orders should be returned to:

    JENNY SCHWARZ LTD, 
16 B Clova Road,
London E7 9AH, United Kingdom

    If an item is returned to us because the wrong contact details were provided, a signature was required and not given or the item is not collected from the post office then any losses incurred as a result will be the buyer’s responsibility.

    For international customers any costs incurred as a result of import duties etc remain the buyer’s responsibility.

    Goods are classified as faulty if they are received damaged, or where a manufacturing fault occurs within six months of purchase. Please note that items that are damaged as a result of wear and tear are not considered to be faulty.

    Where possible, we will offer to repair faulty items. If you would like to exchange your item, please be aware that we can only replace it for the same product in the same size, subject to availability. You will receive a full refund if the item cannot be repaired or replaced.

    We have made every effort to display as accurately as possible the colours of our products that appear on JENNY SCHWARZ. However, as computer monitors vary, we cannot guarantee that your monitor’s display of any colour will be completely accurate.

    All items are quality controlled and checked for any faults before they are dispatched to customers.

    Should you receive an item that is not in perfect condition please contact us immediately.

    Please send all items you wish to return from an order in the same shipment to ensure your return is processed as quickly as possible.

    Items should be returned in their original packaging to ensure they are adequately protected in transit. Garment boxes should also be protected as they are considered part of the product, and your return may not be accepted if the box is damaged.

    If you are based in the EU under the Consumer Protection (Distance Selling) Regulations 2000 (DSRs), you have the right to cancel your order with us, provided you give us written notice any time after your order has been placed, up until 7 working days from the day after you received you order.

    You must notify customer care in writing of your wish to cancel the contract for your entire order under the DSRs any time after your order has been placed, up until 7 working days from the day after you received you order. Either email studio@jennyschwarz.com or write to us at:

    We recommend that you insure the return shipment as you are under a duty to take reasonable care of the goods and will be liable for damage to them until we receive them at our warehouse. We also recommend that you use a secure, trackable means to return your order to us at:

    JENNY SCHWARZ LTD, 
16 B Clova Road,
London E7 9AH, United Kingdom.

    Please retain proof of sending, in case of a dispute.

    Please note that you must cover the cost of the return shipment.

    All items must be returned unused, in their original condition and from the country that the order was delivered to.

    We will refund the full value of your order, excluding shipping costs, within 30 days of receiving your notice of contract cancellation. If we do not receive the cancelled order, we will arrange to have it collected from you at your cost.

    Please note you may only use your right to cancel the order under the DSRs if you give us formal written notice of cancellation any time after your order has been placed, up until 7 working days from the day after you received your order, as described above.

    Items should be returned new, unused, and with all JENNY SCHWARZ garment tags still attached. Returns that are damaged, soiled or altered may not be accepted and may be sent back to the customer.

    Where provided, belts and any JENNY SCHWARZ packaging such as authenticity cards, dust bags and leather tags should be included with your return.

    Please email studio@jennyschwarz.com if any of your purchases have been delivered without JENNY SCHWARZ tags.

  • OUR POLICYItems should be returned unused and with all JENNY SCHWARZ designer garment tags still attached. Returns that are damaged or soiled may not be accepted and may be sent back to the customer and/or a refund refused.Where provided, belts and any designer packaging such as authenticity cards, dust bags, and leather tags should be included with your return.

    Please email studio@jennyschwarz.com if any of your purchases have been delivered without JENNY SCHWARZ tags.

    Goods are faulty if they are received damaged or where a manufacturing fault occurs within six months of purchase. Items that are damaged as a result of normal wear and tear are not considered to be faulty.

    If you would like to exchange a faulty item instead of obtaining a refund, please be aware that we can only replace it for the same product in the same size, subject to availability. Where possible, we will offer to repair faulty items. If it cannot be repaired or the same product is not available, you are entitled to a full refund.

    We have made every effort to display as accurately as possible the colours of our products that appear on JENNY SCHWARZ. However, as computer monitors vary, we cannot guarantee that your monitor’s display of any colour will be completely accurate.

  • INTELLECTUAL PROPERTY RIGHTSYour use of the Sites and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the Content (as described in the Content section below), including JENNY SCHWARZ Software and all HTML and other code contained in this Site. All such Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorised by JENNY SCHWARZ and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.
  • CONTENTIn 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. JENNY SCHWARZ tries to ensure that the information on this site is accurate and complete. JENNY SCHWARZ does not promise that JENNY SCHWARZ’s Content is accurate or error-free. JENNY SCHWARZ does not promise that the functional aspects of the Site or JENNY SCHWARZ’s Content will be error free or that this Site, JENNY SCHWARZ 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.
  • NO COMMERCIAL USEThis Site is 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 own Site.
  • YOUR ACTIVITYYou 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 TOS, we may deny you access to this Site on a temporary or permanent basis.
  • THIRD PARTYWe may include hyperlinks on this Site to other websites or resources operated by parties other than JENNY SCHWARZ, including advertisers. JENNY SCHWARZ has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.
  • PRIVACY POLICYWe respect the privacy rights of our online visitors and recognise the importance of protecting your personal information. We have adopted a corporate wide Privacy Policy that guides how we collect, store, and use the information that you provide us with.The following information is provided by JENNY SCHWARZ to enable our online visitors to be fully informed of our Privacy Policies. By visiting www.jennyschwarz.com, you are accepting and consenting to the practices described in this Privacy Policy and the Terms and Conditions.

    If you are under 16, we require that you inform a parent or guardian about JENNY SCHWARZ’s Privacy Policy and Terms and Conditions as well as requiring their consent to the Privacy Policy and Terms and Conditions before registering or placing an order with JENNY SCHWARZ.

    This Privacy Policy does not apply to websites maintained by other companies or organisations to which we link and JENNY SCHWARZ is not responsible for any personal information you submit to third parties via our website. Please ensure that you read the Privacy Policy of such other companies or organisations before submitting your details.

    JENNY SCHWARZ collects personal information in several ways when you place an order or register for a service offered by JENNY SCHWARZ. By registering, you are consenting to the collection of your personal data. If an order is placed with us, we need to hold personal information including your name, email address, phone numbers, home address, shipping and credit/debitcard billing address(es) so that we can process and fulfill your order. Saved card details will never be shared with third parties and will only be used to process your order, using our Payment Service Provider’s systems”.

    We may also obtain information as a result of authentication or identity checks. Sometimes we may ask for your telephone number. This number may be given to our courier for delivery services. These details allow us to process your order and to let you know the status of your order.

    JENNY SCHWARZ may use your personal information for the processing of orders, payments, and to provide you with a personalised shopping experience. We will also use your details to fulfill and deliver your orders and manage your account. Personal information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information. Where there is a legal obligation to do so, we may disclose your information to any relevant regulatory body.

    We may also use your personal information to send you marketing updates but only ever in accordance with your preferences (as detailed in the next section). We do not sell your details to third party marketing companies.

    We do collate information about site traffic, sales, wish list, and other commercial information which we may pass on to third parties but this information does not include any information which can identify you personally.

    Finally, we may use your personal information for our internal marketing and demographic studies, together with non-personal data to monitor customer patterns so we can consistently improve our site design to better meet our visitors’ needs.

    From time to time JENNY SCHWARZ may employ third party business partners to collect personal information or to undertake marketing activities on JENNY SCHWARZ’s behalf. In such cases, these third parties will be subject to confidentiality agreements and instructed by JENNY SCHWARZ to comply fully with the JENNY SCHWARZ Privacy Policy.

  • YOUR RIGHTSYou have certain rights under the law. In England these include:
  1. That any products you order through this Site will be of satisfactory quality, fit for their intended purpose, and will conform to any description given on this Site;
  2. Certain remedies if a product is defective; and
  3. A right to cancel any order for a product within seven working days commencing on the day after the date on which you receive it, and receive a full refund even if it is not defective.
  4. Nothing in the TOS is intended to affect these rights. For more information about your rights contact your local Citizens Advice Bureau or Trading Standards Bureau.
  • LIMITS ON OUR LIABILITYWe accept liability for death and personal injury arising from our negligence or that of our employees and agents. We do not seek to exclude our liability for fraudulent misrepresentation by us or our employees or agents.Nothing in the TOS is intended to affect your rights under the law (see “Your Rights” above).

    If JENNY SCHWARZ breaches the TOS we shall only be liable for losses which are direct losses and a reasonably foreseeable consequence of such a breach. Losses are foreseeable where, for example, they could be contemplated by you and JENNY SCHWARZ at the time of you placing your order, and JENNY SCHWARZ 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 and 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 TOS where such failure is due to events beyond our reasonable control.

  • COMPENSATIONAt our request, you agree to compensate us fully, defend us, and hold us JENNY SCHWARZ harmless immediately on demand, its 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 TOS by you, including the use by any other persons accessing this Site using your Internet account caused by your action or inaction.
  • OUR RELATIONSHIPYou acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and JENNY SCHWARZ as a result of the TOS or your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of JENNY SCHWARZ, and we shall not be liable for any representation, act, or omission on your part.
  • NO WAIVERIf you breach the TOS 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 TOS.
  • GOVERNING LAWThe TOS together with all our policies and procedures will be governed by and construed in accordance to the relevant United Kingdom law and the relevant courts of the United Kingdom will have exclusive jurisdiction.