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Terms and Conditions of Sale

Whilst sounding a bit formal, the following terms and conditions of sale are set down by The Abaya Shop Ltd to prevent any possible sources of misunderstanding.

Formation of the Contract

  1. If payment is by credit card, the acceptance shall be when The Abaya Shop Ltd charges the buyer’s credit card.
  2. If payment is by check or money order, the acceptance shall be the receipt of check or money order by The Abaya Shop Ltd within 10 days of order date.

Payment

  1. Credit cards will be charged at the time of shipping.
  2. Purchases made by check or money order will be shipped once payment has been verified.
  3. Bank charges relating to returned checks will be the responsibility of the buyer.

Cancellation of the Contract

  1. The buyer has the right to cancel the sale prior to the goods being shipped.
  2. If the goods have already been shipped the buyer no longer has the right to cancel the sale.

Returns

  1. Goods are only defined as returns if they meet all of the following conditions:
    1. Product is in the same original condition as at the time of purchase
    2. Product is not worn outside of the house
    3. Product is not worn inside the house for longer than a few hours
    4. Product is not washed
    5. Product is returned in the original packaging
    6. Product is received by The Abaya Shop Ltd
  2. The buyer will be entitled to return purchased goods within 20 days of purchase date for a refund providing the goods are defined as returns according to clause 8.
  3. If the goods are returned after 20 days of the purchase date, the buyer no longer has the right to a refund or an exchange or store credit.
  4. The buyer is responsible for all shipping charges incurred including the initial shipping cost at the time of the purchase and at the time of returning the item to The Abaya Shop Ltd.
  5. If the buyer wishes to exchange a product, the buyer is responsible for all shipping charges, as stated in clause 11, and all subsequent shipping charges related to delivering the newly exchanged product.
  6. Repayment by The Abaya Shop Ltd for returned goods purchased by credit card will be by charging back to the original credit card.
  7. Repayment by The Abaya Shop Ltd for returned goods purchased by check or money order will be by check only.

Ownership

  1. The goods become the possession of the buyer when the customer’s credit card is charged or check / money order is received.
  2. The Abaya Shop Ltd is responsible for ensuring that all goods are fit for their purpose and are free from any fundamental defect prior to shipping the goods to the buyer.

Conformity of the goods

  1. The Abaya Shop Ltd will deliver goods which are of the quantity, quality and description as stated at the time of purchase.
  2. The buyer should examine the goods immediately upon receipt to check that the goods conform to the invoice.
  3. The buyer should notify The Abaya Shop Ltd if any lack of conformity exists within 3 days of receipt of the goods.
  4. If the goods do not conform to the invoice in a fundamental way, The Abaya Shop Ltd will either replace those products which do not conform or refund the cost of those items. The choice of refunding or replacing the items will be made by The Abaya Shop Ltd.
  5. If the buyer does not notify The Abaya Shop Ltd within 3 days of receipt of goods the buyer loses the right to rely on a lack of conformity and The Abaya Shop Ltd will not replace such goods.
  6. Those goods which do not conform to the invoice and as such have been substituted are the property of The Abaya Shop Ltd and the buyer will make all necessary arrangements in order to ensure that the products are returned to The Abaya Shop Ltd. The expense of this return will be borne by The Abaya Shop Ltd.

Definition of fundamental
A breach of contract committed by one of the parties is fundamental if it results in such detriment to the other party as substantially to deprive him of what he is entitled to expect under the contract, unless the party in breach did not foresee and a reasonable person of the same kind in the same circumstances would not have foreseen such a result.