ONLINE TERMS & CONDITIONS OF SALE

Avaanis Jewellery Limited

We are so delighted you have decided to place an order with us! Please read the following important terms and conditions before you buy anything on our website.

This contract sets out:

• your legal rights and responsibilities;
• our legal rights and responsibilities; and
• certain key information required by law.

In this contract:

• ‘We’, ‘us’ or ‘our’ means Avaanis Jewellery Limited; and
• ‘You’ or ‘your’ means the person using our site to buy products from us.

If you would like to talk to us about any aspect of this contract, please contact us by:
email at customerservices@avaanis.com or telephone on 07821 202128

Who are we?

We are a limited company with company number 12232839 and with its registered office at 86 Byron Avenue, Hounslow, England, TW4 6LY.

1 Introduction

1.1 If you buy products on our site you agree to be legally bound by this contract.

1.2 When buying any products you also agree to be legally bound by:

1.2.1 our website terms and conditions; and

1.2.2 specific terms which apply to certain products. If you want to see these specific terms, please visit the relevant webpage for the products.

The above documents form part of this contract as though set out in full here.

2 Your privacy and personal information

2.1 Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.

2.2 Our Privacy Policy is available here.

3 Ordering products from us

3.1 By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134 say that we must give you certain key information before a legally binding contract between you and us is made. We will give you this information in a clear and understandable way. Some of this information is likely to be obvious from the context. Some of this information is also set out in this contract.

3.2 Below, we set out how a legally binding contract between you and us is made.

3.3 You place an order on the site by filling in our order form and clicking on the ‘place order’ button.

3.3.1 When you place your order at the end of the online checkout process by clicking on the place order button, we will acknowledge it by email. This acknowledgement does mean that your order has been accepted, see below.

3.3.2 We may contact you to say that we do not accept your order. This is typically for the following reasons:

(a) the products are unavailable;
(b) we cannot authorise your payment; or
(c) there has been a mistake on the pricing or description of the products.

3.3.3 We will only accept your order when we email you to confirm acceptance or deliver the products, whichever happens earlier. At this point a legally binding contract will be in place between you and us.

4 Right to cancel this contract.

4.1 Subject to clause 4.5 and 4.6, in certain circumstances you have the right to cancel this contract within 14 days without giving any reason.

4.2 The cancellation period will expire 14 days from the day you receive the products.

4.3 To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear written statement (eg a letter sent by recorded post or email).

4.4 To meet the cancellation deadline, you need to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. Make sure you keep a record of your email or letter so you can confirm the date you sent it.

4.5 Where we supply bespoke products to you which have been made especially for you or personalised then you do not have any right to cancel this contract.

4.6 You cannot cancel this contract in respect of any earrings or noserings, nose chains or nosepieces for hygiene reasons. This includes any sets which include earrings or noserings, nose chains or nosepieces, including tikka sets and necklace sets. Where you purchase sets, you are not permitted to return part of a set.

4.7 If you receive earrings, noserrings, nose chains or nosepieces which are faulty or damaged on arrival, you must email us at customerservice@avaanis.com within 24 hours of delivery so we can resolve the problem.

5 Effects of cancellation

5.1 If you cancel this contract in accordance with its terms, we will reimburse to you all payments received from you, including the costs of delivery (except for the extra costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).

5.2 If you have received products from us, you must return them new and unused in their original and undamaged packaging, with their tags still attached and when the products are delivered you should keep the packaging for this purpose. We cannot accept any products which have had their tag removed.

5.3 You are responsible for the cost of returning the products to us, and if you wish to exchange the products for other products, you are responsible for the cost of delivery of the replacement products.

5.4 Where you return products to us, you are responsible for ensuring the products reach us safely and you should obtain proof of posting.

5.5 We may make a deduction from the reimbursement for loss in value of any products supplied (including any damaged or missing packaging), if the loss is the result of unnecessary handling by you.

5.6

5.7 We will make the reimbursement without undue delay, and not later than:

5.7.1 14 days after the day we received back from you any products supplied; or

5.7.2 (if earlier) 14 days after the day you provide evidence that you have returned the products; or

5.7.3 if there were no products supplied, 14 days after the day on which we are informed about your decision to cancel this contract.

5.8 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

5.9 If you have received products:

5.9.1 you shall send back the products to us at the address stated above, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the products before the period of 14 days has expired.

5.9.2 you will have to bear the direct cost of returning the products.

5.9.3 you will be liable for any diminished value of the products resulting from handling them more than is necessary to establish the nature, characteristics and functioning of the products.

6 Delivery

6.1 We only deliver our products to addresses in the UK.

6.2 We use Royal Mail first class post to deliver our products. If you want to see your delivery options, visit our webpage here before you place your order.

6.3 If something happens which:

6.3.1 is outside of our control; and

6.3.2 affects the estimated date of delivery;

we will let you have a revised estimated date for delivery of the products.

6.4 Delivery of the products will take place when we deliver them to the address that you gave to us.

6.5 Unless you and we agree otherwise, if we cannot deliver your products within 30 days, we will:

6.5.1 let you know;

6.5.2 cancel your order; and

6.5.3 give you a refund.

6.6 You are responsible for the products when delivery has taken place. In other words, the risk in the products passes to you when you take possession of them.

6.7 We may deliver your products in instalments.

7 Payment

7.1 We accept payment by Worldpay and any other method of payment we agree with you from time to time.

7.2 We will do all that we reasonably can to ensure that all of the information you give us when paying for the products is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, any failure by us to comply with this contract or our Privacy Policy or breach by us of our duties under applicable laws we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.

7.3 The price of the products:

7.3.1 includes VAT; and

7.3.2 the cost of delivery; for delivery options see our webpage here

8 Nature of the products

8.1 The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), for example, the products:

8.1.1 are of satisfactory quality;

8.1.2 are fit for purpose;

8.1.3 match the description, sample or model;

8.2 The packaging of the products may be different from that shown on the site.

8.3 While we try to make sure that:

8.3.1 all sizes and measurements set out on the site are as accurate as possible, there may be a slight variation in sizes and measurements; and

8.3.2 the colours of our products are displayed accurately on the site, the actual colours that you see on your compute, mobile phone or other device may vary depending on the monitor that

8.4 We may discontinue products at any time without prior notice.

9 Faulty products

9.1 You have legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’).For detailed information on your rights and what you should expect from suppliers of products, you can find out more from Citizens Advice on their website www.citizensadvice.uk or call them on 03454 04 05 06.

9.2 Nothing in this contract affects your legal rights under the Consumer Rights Act 2015. You may also have other rights under common law.

9.3 If the products have been damaged in the post, you must contact us within 24 hours of their delivery by sending an email to ‘customerservice@avaanis.com’.

9.4 Please contact us using the contact details at the top of this page, if the products we supply are faulty and you wish to discuss with us the possibility of:

9.4.1 us repairing the products;

9.4.2 us replacing the products;

9.4.3 a price reduction; or

9.4.4 a refund.

10 End of the contract

If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.

11 Limit on our responsibility to you

11.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for:

11.1.1 losses that:

(a) were not foreseeable to you and us when the contract was formed; or

(b) that were not caused by any breach on our part;

11.1.2 business losses; and

11.1.3 losses to non-consumers.

12 Entire Agreement

These terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, assurance or warranty given by or on behalf of me which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

13 Disputes

13.1 We will try to resolve any disputes with you quickly and efficiently.

13.2 If you are unhappy with:

13.2.1 the products;

13.2.2 our service to you; or

13.2.3 any other matter;

please contact us as soon as possible.

13.3 If you and we cannot resolve a dispute using our internal complaint handling procedure, and either of us want to take court proceedings, the relevant courts of England and Wales will have exclusive jurisdiction in relation to this contract.

13.4 The laws of England and Wales will apply to this contract.