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This Agreement

By accessing this website You consent to the following terms and conditions of use which regulate the relationship between You as a Customer and Avalaya.com as a merchant.
Avalaya.com reserves the right to alter these terms and conditions and by using this website You agree to be bound by any future provisions. In these terms and conditions "we" means Avalaya.com. "This website" is www.avalaya.com. "You" or "the Customer" means the person using the website or purchasing goods from Avalaya.com.
Your statutory rights as a Customer shall not be affected by this agreement.

Communication

The Customer accepts email, facsimile and telephone as the means of long distance communication.

Prices

All prices for the goods are in pounds sterling (GBP) which include Value Added Tax (VAT) at the relevant rate ruling on the date of ordering and do not include the cost of carriage, packaging or other charges.

Changing the "display currency" on our website is provided for convenience only, your account will be debited in pounds sterling regardless of the display currency selected. The actual amount charged to your account that is held in other than pounds sterling (GBP) will depend on the conversion rate to your account currency on the date of transaction.

Whilst every effort is made to maintain the prices on our website, Avalaya.com can not guarantee their accuracy and reserves the right to alter the prices at any time. Prior to the conclusion of the contract Avalaya.com will inform You the total amount to be debited.

Orders

At the end of the checkout process a notice will be displayed on our website confirming the receipt of your order. We suggest You print off a hard copy of the notice or save a copy to your hard drive for your own records.

Your credit card will be charged as soon as You place an order. Payment must be made online by a credit or debit card such as: Switch, MasterCard, Visa, Delta, Solo.

Avalaya.com will not be obliged to supply the goods or services requested in your order until You have received an e-mail from us accepting your order ("Order Confirmation"). This email will contain a summary of the ordered goods as well as delivery and billing information.

A separate email may be sent from our credit card clearance service providers (Protx) to confirm the transaction.

Right to Cancel

We reserve the right to decline to trade with any person or organisation. In addition, and notwithstanding any other provisions of these conditions of sale, we may decline to accept any order, by giving notice of non-acceptance to the Customer. In the event that Avalaya.com declines to accept an order in respect of which payment has been received, the full amount of such payment will be refunded.

In the rare event that we are unable to supply You the ordered goods, we may offer You an equivalent substitution consisting of an alternative product and/or a refund up to the value of unavailable goods.

We shall not be obliged to offer any additional compensation for disappointment suffered and we shall have no liability to You for any loss, damage, costs, expenses or other claims that You may incur.

Delivery

Before the dispatch, all products are carefully and professionally checked for any faults or defects to further ensure the high level quality of our goods.

The period stated within which You will receive your order is approximate. Goods will be sent to the address given by You in your order and stated in the Order Confirmation. For larger orders your goods may be sent to You in instalments. You order will be sent in several packages if we find it reasonable to do so.

If your delivery address is outside of the UK You maybe subject to import duties and taxes, which are levied once a shipment reaches your country. Any such additional charges for customs clearance must be borne by the Customer. You should note that customs policies vary widely from country to country. We advise each Customer to contact their local customs office for further information.

Please note that when shipping products internationally You should be aware that cross-border shipments are subject to opening and inspection by customs authorities. Avalaya.com is not liable for any damage caused by such authorities.

We reserve the right to alter our delivery prices at any time without prior notice. You will be given a choice of various delivery options where applicable, during the checkout process. Whilst every effort is made to guarantee next working day delivery services in the UK, these cannot be guaranteed:
   - for all parts of the Scottish Highlands and Islands;
   - in the event that the carrier used by us fails to comply with instructions to deliver next working day.

Avalaya.com cannot accept liability for any loss resulting from late delivery or non-delivery of goods.

Transit Delays and Non-Delivery

You must inspect the goods as soon as reasonably practicable after delivery and shall within 7 days of such delivery give notice to our Customer service of any apparent physical or delivery damage in the goods.

Queries regarding shortages of goods must be made within 7 days of delivery date and must be accompanied by the despatch note. Queries regarding goods invoiced but not delivered must be made to our Customer service within 7 days of order date and the order or invoice number must be quoted.

Ownership and Risk

The risk of damage to or loss of goods ordered from Avalaya.com will pass to the Customer on the delivery of goods. Until such time the goods will remain property of Avalaya.com.

Returns

We comply with the Distance Selling Regulations (DSR) which gives You the right to cancel your order within 7 working days (starting the day after delivery) for the full refund. This is a "cooling off period" to give You peace of mind and confidence when ordering from the Internet. Avalaya.com exceeds these requirements and gives You a longer "cooling off period" as we are confident with the quality of our products and services.

You may cancel your whole order or any part of it within our "cooling off period" of 14 days from the order date (or 7 working days starting the day after delivery, whichever is the longest) for a full refund or request an exchange for alternative product(s).

To cancel your order and arrange a return of the unwanted or faulty goods You must obtain a valid Return Merchandise Authorisation (RMA) number by contacting us within the "cooling off period" indicated above using the automated "returns wizard" available on this website (the preferred method) or by other means (including email, phone, fax or post).

You must return the goods within 21 days of receiving the RMA number. It is your responsibility to make sure that the goods reach us within this time frame.

We can not process any returns without previously issued RMA number and we will be under no obligation to accept such unauthorised returns. Any goods received by us that do not carry a clear indication of an RMA number will be discarded without prior notice.

If You have sent us the goods without an RMA number, You must notify us immediately, giving the full description of your parcel and it's contents.

Avalaya.com reserves the right to reject the return if:

  • goods are returned without obtaining a valid RMA number
  • goods reach us after the allowed returns time frame
  • goods are damaged and the Customer is at fault

If the return is rejected and we are in possession of the returned goods we may send the goods back to you and charge you the associated shipping costs, refund you for the returned goods, less the restocking or cancelation fee which will be determined at our sole discretion; or discard the goods wihtout a refund or any other form of compensation.

Any returned goods that are not part of the given return authorisation (RMA) will be sent back to you at your cost. At our sole discretion we may also refund for such products, less the restocking or cancellation fee.

Any packages, that we receive without an RMA number or any other identification details, will be discarded without prior notice.

Any unidentified articles, that we may receive with the returned goods and that were not sold by us, will be discarded without prior notice.

Avalaya.com will refund the full order value less the delivery cost within 30 days of receiving your return. We can not refund the cost of shipping the goods back to us.

The goods should be returned by the First Class post with proof of posting. If goods are sent from outside of the United Kingdom, then you should use a Standard International post with proof of posting. You may also choose an equivalent delivery method by another courier, which can provide the equivalent or better level of delivery service.

The Customer must take reasonable care of the returned goods and use secure packaging and suitable protection to ensure their safe delivery. Using the original packaging is recommended. Your refund may be delayed or completely rejected if the goods reach us in an unusable form and the Customer is at fault.

We are not liable for any damages to the returned goods incurred during the transit from you to us.

Because of the hygienic reasons Avalaya.com can not accept returns for unwanted pierced earrings and other piercing jewellery, unless the product is returned in the original unopened packaging. If an item falls into such category, a relevant message will also be displayed in the item description section on our website. This condition does not affect your right to return faulty goods.

You may find it useful to read our help on returns procedure

Copyright and Website Contents

All contents of this website including images are copyright of Avalaya.com. All rights reserved. No portion of the information or any images on this website may be reproduced in any form, or by any means, without our prior written permission. You are not permitted to distribute, transmit, modify, publish or create derivative works of any material found on this site for any commercial or public purposes. All contents of this website are protected by international copyright laws.

You may print, download any page(s) and subscribe to our news feeds (RSS) for your own personal and non-commercial use only. If You have any doubts about what You can do, please go to contact us page to apply for permission to reproduce the website.

While our website is as accurate as possible, we cannot accept responsibility for any inaccuracies or errors beyond our reasonable control. We cannot guarantee that colours in our images will be rendered correctly on different computer monitors. We can not warrant that the images displayed on our website are an exact representation of the product's actual size or colour. The product dimensions, associated keywords and colours that describe our products are intended to give an approximate indication of such qualities of the individual products.

Exclusions and limitations

The information on this website is provided on an "as is" basis. To the fullest extent permitted by law Avalaya.com:
   (A) excludes all representations and warranties relating to this website and its contents, including in relation to any inaccuracies or omissions in this website; and
   (B) excludes all liability for loss or damage 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 us of the possibility of such potential loss) and indirect, consequential and incidental damages.

The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer that cannot be excluded or limited are affected.

Content changes and accuracy of information

Avalaya.com may make changes to the contents of this website, including to the descriptions and prices of goods and services advertised, at any time and without notice. Personalisation of the site based on user activity and preferences may change the appearance and contents of this website at any time.

Termination

Avalaya.com may at any time terminate or suspend any part of the Service without notice to the Customer.

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 in these Terms and Conditions will apply to your use of this website by linking to it.

Links from this website

We do not monitor or review the content of other parties' websites that are linked from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us. Avalaya.com is not the publisher of such opinions or material.

Access to password protected areas

Access to and use of password protected and/or secure areas of this website is restricted to authorised users only. Unauthorised individuals attempting to access these areas of the website may be subject to prosecution.

Data Protection

By placing an order with Avalaya.com the Customer agrees to data relating to the transaction being retained and processed by Avalaya.com in accordance with the Data Protection Act 1998 or any statutory modification thereof. The data so retained will be used by us for the purpose of accounting and marketing and will not be disclosed to any third party without the previous consent by the Customer.

Avalaya.com may send the details of other products or services offered by Avalaya.com to the Customers that have expressed their interest in such communications.

Avalaya.com subscribes to the data protection principles as laid down by the Information Commissioner and all data is held securely. The Customer may, in accordance with the provisions of the Data Protection Act 1998, request a copy of all data relating to him or her that is held on our records or that it should be deleted from our records. Telephone calls and e-mails sent to Avalaya.com may be recorded or monitored for the purposes of security, training and quality assurance.

Disclaimer as to ownership of trade marks

Any trade marks/names as may be featured on the Avalaya.com web site are owned by the respective trade mark owners and Avalaya.com claims no connection, association or affiliation with them.

Indemnity

You agree to indemnify, defend and hold harmless Avalaya.com, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from, without limitation, your use of the Avalaya.com services, your breach of the Terms of Service, your infringement of any intellectual property right or any other right of any person or entity, or your breach of any duty of confidence or privacy, or any defamatory statements made by You in any form.

Severability

In the event that any term of this Agreement is held to be invalid or unenforceable by judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable.

Matters Beyond our Reasonable Control

Avalaya.com shall not be held liable for any breach of this Agreement caused by circumstances out of its control including, but not limited to, Acts of God, fire, lightening, flood, or extremely severe weather, explosion, war, disorder, flood, industrial disputes (whether or not involving our employees), acts or omissions of Internet services providers or acts of local or central Government or other competent authorities.

Applicable law

These terms and conditions shall be governed by, and construed exclusively in accordance with, English law.
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