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.