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Terms and Conditions

 

In using this website you are deemed to have read and agreed to the following terms and conditions:

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. "The Company", “Ourselves”, “We” and "Us", refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing English Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

 

Privacy Statement


We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. Parliament has created specific offences for unauthorised actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible

 

Confidentiality

 

We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.

 

Prices and Descriptions

 

All pricing information on our Web Site is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary. All pricing information is reviewed and updated regularly.

Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from us correspond to the actual Goods, we are not responsible for any variations from these descriptions.

 

International Customers

 

If Goods are being ordered from outside The Abaya Shop.co.uk country of residence, import duties and taxes may be incurred once your Goods reach their destination. we are not responsible for these charges and we undertake to make no calculations or estimates in this regard. If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures. As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and we cannot guarantee that the packaging of your Goods will be free of signs of tampering.

 

Payment

 

All major Credit/Debit Cards via PayPal,Google checkout. Our Terms are payment in full prior to despatch. All goods remain the property of the Company until paid for in full. We reserve the right to seek recovery of any monies remaining unpaid sixty days from the date of invoice via collection Agencies and/or through the Small Claims Court in the event that the outstanding balance does not exceed £3000. In such circumstances, you shall be liable for any and all additional administrative and/or court costs.

 

Delivery

 

We will endeavour to despatch all stock items approx within 1-2 working days (This is not a guaranteed service) of receiving cleared payment.  If we do not receive communication from you, within 48 hours of delivery, regarding any problems with the Goods, you are deemed to have received the Goods in perfect condition and with no problems.

 

Delivery Costs and Times

 

U.K.(Mainland Only)           3-5 Working Days               1-5 ITEMS                                         £4.99  (TOTAL FOR UP TO 5 ITEMS)

Europe                                7-10 Working Days             1-5 ITEMS                                        £14.99 (TOTAL FOR UP TO 5 ITEMS)

Rest of the World              10-14 Working Days            1-5 ITEMS                                        £14.99 (TOTAL FOR UP TO 5 ITEMS)

 

 

Although all efforts will be made to ensure these times are met unfortunately we will not be able to guarantee these times.

 

Cancellation Policy

 

Minimum 24 hours notice of cancellation required. Notification for instance, via email, post and/or fax, or any other means will be accepted subject to confirmation in writing. You will not be able to cancel your order if your order has been processed and awaiting despatch.

 

Cancellation of order - Due to change of mind


If the product(s) has not been dispatched we will cancel the order and full payment will be refunded but you will be responsible for any charges we may have incurred in processing payment and/or goods ordered(i.e. PayPal/Google payment processing Fees). If the products(s) has been dispatched and we are unable to prevent the delivery.


Under the distance selling regulations you have 7 days to cancel your order starting the day after the date of delivery. You must cancel your order in writing, by email or post. You will be responsible for the cost of returning the goods and you must take good care of the goods whilst they are in your possession. If you do not exercise reasonable care and the goods are damaged whilst in your possession or in transit we will not be able to accept the goods.

Your rights under consumer legislation for these goods are not affected.

When you return your goods please return in perfect condition (unworn, unwashed and in the original packaging) with a copy of the invoice complete with all packaging and accessories supplied. If any item is returned damaged, I will be unable to issue a refund.

If an item is returned undamaged in its original and undamaged packaging, we will offer you a refund less delivery charge in accordance with our refund policy below.

Your rights under consumer legislation for these goods are not affected.

If you are posting an item back to us we recommend that you return via Recorded Delivery.

 

Returns Policy


We  want you to be completely satisfied with your purchase. Ready-made items can be returned within 7 working days of receipt. Personalised items and special orders are not returnable. Postage on return items is non-refundable and the sole responsibility of the customer. Please contact us before returning any merchandise.
If you are dissatisfied with any ready-made item purchased we will exchange them or give you a full refund.
Please e-mail us within 7 days of receipt of purchase informing us of the reason for the return, we will in turn e-mail you a returns number and address. Your payment will be refunded to you within seven working days of the unsuitable item being returned in perfect condition (unworn, unwashed and in the original packaging) with a copy of the invoice. If any item is returned damaged in transit or lost whilst being returned to us we will be unable to issue a refund.

 

Exchange Policy

 

If for any reason you wish to Exchange an Item please contact us with details of the item(s) you require, we will despatch the item(s) once we receive the unwanted item(s) unworn/unused in its original saleable condition complete with all packaging and accessories supplied.

We will not be able to exchange special order items.

The customer will be responsible for the delivery charge of returning the ordered item and receiving the exchanged item.

 

Damaged, Faulty or Misdescribed Items

 

If you are entitled to a refund , on damaged, faulty or mis-described grounds we will refund you as follows:
If you return all items of your order at the same time on damaged, faulty or mis-described grounds we will refund the cost of your order less delivery charge provided the terms below (Return of damaged, faulty or mis-described items) have been met.

 

Return of damaged, faulty or mis-described items

When your goods are delivered please check that the order is complete and not damaged. In the event that your order is visibly damaged, enter on the delivery note “Damaged” along with a brief description of how or where the item is damaged.

Please retain all original packaging.

 

1. Delivery signed for as “DAMAGED”

2. Photos of packaging interior

3. Photos of packaging exterior

4. Photos of damage

Please note refunds can take 03-10 days to appear in your bank or credit card account.

 

Please also note that for courier companies to accept liability for damage caused in transit we must inform them of any damage within 24 hours of delivery. Therefore, you should inform us as soon as possible following delivery of the Goods. Any claims made after this time but within 5 days will be subject to our discretion and thereafter any such claims may be considered unreasonable.

We will not refund delivery charges.

 

Proof of Postage


I recommend that Recorded (Signed For) First Class stamps via Royal Mail UK (Excludes Channel Islands) is obtained as we can not be held responsible for items not received.


Availability & Dispatch


Stock indications are not provided on our Web Site. Unless otherwise stated, the items featured on this website are available from the United Kingdom. If for any reason that an item is out of stock, we will contact you with an alternative or time frame for stock to be received.
If any order is going to be out with this time frame we will inform you by e-mail. Or if an item is required sooner please contact me as sometimes orders can be sent out quicker.We do not guarantee Goods will be available.

 

Inaccuracy Disclaimer


From time to time there may be information on the abayashop.co.uk that contains typographical errors, inaccuracies or omissions that may relate to costs, availability and product information. We reserve the right to change any information at anytime without prior notice. We apologise for any inconvenience this may cause.

 

Log Files


We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.

 

Cookies

 

Like most interactive web sites this Company’s website [or ISP] uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies.

 

Links to this website


You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.

 

Copyright Notice

 

Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of this website.
Redistribution or republication of any part of this site or its content is prohibited, including such by copying, framing or other similar or any other means, without the express written consent of the Company. No product on this website may in any shape or form be copied or distributed.

 

Website up time

 

The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused. Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of this website.

 

Communication


We have several different e-mail addresses for different queries. These, & other contact information, can be found on our Contact Us link on our website.

 

Force Majeure

 

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.

 

General

 

The laws of England and Wales govern these terms and conditions. By accessing this website and using our services/buying our products you consent to these terms and conditions and to the exclusive jurisdiction of the English courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.

 

Notification of Changes

 

The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis

These terms and conditions form part of the Agreement between the Client OR customer and ourselves. Your accessing of this website and/or undertaking of a Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.

 

Disclaimer

Exclusions and Limitations


The information on this web site is provided on an "as is" basis. To the fullest extent permitted by law, this Company:

excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and

§ excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

This Company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.