Please read these terms of sale carefully.
You will be asked to expressly agree to these terms of sale before you place an order for products from our website.
In these terms of sale, “we” means Avasarah Ltd (and “us” and “our” will be construed accordingly); and “you” means our customer or potential customer for products (and “your” will be construed accordingly).
(3) Order process
The advertising of products on our website constitutes an “invitation to treat”; and your order for products constitutes a contractual offer. No contract will come into force between you and us unless and until we accept your order in accordance with the procedure detailed below.
In order to enter into a contract to purchase products from us, you will need to take the following steps:
(i) you must add any the products you wish to purchase to your shopping cart, and then proceed to the checkout;
(ii) if you are a new customer, you must then create an account with us and log in; if you are an existing customer, you must enter your login details
(iii) once you are logged in, you must confirm your order and your consent to these terms of sale
(iv) you will be transferred to the Protx website, and Protx will handle your payment
(v) we will then send you an initial acknowledgement
(vi) once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.
We will not file a copy of these terms of sale specifically in relation to your order. We may update the version of these terms of sale on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of these terms of sale for your records.
The only language in which we provide these terms of sale is English.
Before you make the payment for your order, you will have the opportunity of identifying whether you have made any input errors.
An order confirmation page will show you your:
(i) billing/payment information;
(ii) delivery/shipping information;
(iii) any special instructions or order comments;
(iv) shopping cart contents.
You may correct those input errors before confirming your order and being redirected to the secure payments page.
(4) The products
The products we offer together with detailed descriptions and price may be found in the “shopping” section of our website.
We appreciate it can be hard to gauge the size of jewellery from photographs, to help you judge the size of each piece, we provide dimensions in the product descriptions, these dimension are approximate and given for guidance only.
(5) Price and payment
Prices for products are quoted on our website. The website contains a large number of products and it is always possible that some of the prices on the website may be incorrect. We will verify prices as part of our sale procedures. If a pricing error is found in respect of any or all of the goods you have ordered, we will notify you as soon as possible detailing the mis-priced goods and offer you the option of:
(i.) placing a new order at the correct price for those goods;
(ii.) cancelling the whole of your order; or
(iii.) cancelling your order for the mis-priced goods and reconfirming your order for the correctly priced goods.
In addition to the price of the products, you may have to pay a delivery charge, which are set out below and in our website.
Payment must be made upon the submission of your order. We may withhold the products and/or cancel the contract between us if the price is not received from you in full and cleared funds.
All prices are shown in Pounds Sterling. All billing will be in Pounds Sterling. If your purchase is made from outside the UK, currency fluctuations and credit card charges may differ from the amount billed on your credit card or displayed using a currency converter.
The prices on the website include all value-added taxes.
For all orders outside the European Union, VAT will be automatically deducted at checkout. All duties and taxes incurred at the point of entry to the destination country are the responsibility of the customer.
Payment for all products can be made by credit/debit card.
Prices for products are liable to change at any time, but changes will not affect contracts which have come into force.
(6) Your warranties
You warrant to us that:
(a) you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these terms of sale;
(b) the information provided in your order is accurate and complete;
(c) you will be able to accept delivery of the products;
(d) you are at least 18 years of age.
(7) Delivery policy
We will arrange for the products to be delivered to the address for delivery indicated in your order. It is your responsibility to ensure the correct delivery address is given and that somebody is available to sign for and take delivery of the goods.
Delivery within the UK costs £7.00 and is sent via Royal Mail Special Delivery.
Delivery within the EU costs £10.00 and is sent via Royal Mail 'International Signed For'.
Delivery outside the EU
Delivery outside the EU costs £15 and is sent via Royal Mail 'International Signed For'.
We will use reasonable endeavours to deliver products within 1-3 working days for UK delivery and all overseas items between 3-7 working days. Goods are only dispatched once payment has been approved. However, we cannot guarantee delivery by the relevant date. We do however guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within next working day of the later of receipt of payment and the date of our order confirmation.
Once goods have been delivered to you they are held at your ownrisk and Avasarah is not liable for their damage or loss.
If you choose to access this site from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with all local laws.
If your order is returned to Avasarah because the delivery service could not complete the delivery for any reason, then you will be responsible for the cost of a repeat delivery.
(8) Risk and ownership
The products will be at your risk from the time of delivery. Ownership of the products will only pass to you upon the later of:
(a) delivery of the products; and
(b) receipt by us of full payment of all sums due in respect of the products (including delivery charges).
We will be entitled to recover payment for the products even where ownership has not passed to you.
(9) Cancellation of Contract
Your rights to cancel your contract.
We want you to be as excited about your jewellery as we are. If for any reason your not completely satisfied with your purchase, you may cancel this contract to purchase a product or products at any time within 7 days after the day you received the relevant products or products (subject to the limitations set out below). No reason will be required for cancellation.
Your right to cancel your contract with us for any goods ordered by you is subject to;
(i) the jewellery not having worn or damaged;
(ii) the security tag not having removed from the item;
(iii) your calling us within 7 days of receiving your goods and receiving
a 'Returns Authorisation number';
(iv) your ensuring that UK returns are received by us within 7 days of
the issuing of a Returns Authorisation number and overseas returns are
shipped within 7 days of the issuing of a Returns Authorisation number.
You will not have any such right insofar as a contract relates to the supply of goods made to your specifications or clearly personalised.
To cancel your contract with us, notification will be required. You must inform us immediately via e-mail at returns@Avasarah.com or by telephone on 0845 130 8707 or 0044 (0) 845 130 8707 (for overseas calls).
Products returned by you, in the same condition in which you received them, and in accordance with this Section and in accordance to our return procedure section, will be refunded in full (excluding the cost of sending the products to you).
If you cancel a contract on this basis and you do not return to the products to us, we may recover the products and charge you for the costs we incur in doing so. Similarly, if you return the products at our expense, we may pass that expense on to you.
Cancellation of Contract by Us.
We reserve the right to cancel the contract between you and us if any one of the following occurs;
(i) insufficient stock to fulfil the order;
(ii) we are not able to deliver to your area; or
(iii) one or more of the items ordered was incorrectly priced due to typographical error or an error in the information received from our suppliers.
If your contract is cancelled we will notify you via e-mail and your account will be re-credited any sum deducted by us as soon as possible but no later than 30 days from your order. While we would regret any such situations and would try to find an alternative solution for you, Avasarah will not be obliged to offer any additional compensation for disappointment suffered.
(10) Statutory Rights
Nothing in these terms of sale affects your statutory rights (including your right to receive a refund in respect of any defective product we sell to you).
(11) Returns and Refunds
To return items within the UK:
1) Call 0845 130 8707 (UK) or email returns@Avasarah.com within 7 working days of the receipt of your purchase and ask for a 'Returns Authorisation number'.
2) Your 'Returns Authorisation number' must be written on the outside of the returned package.
3) Please select the most cost-effective method of return. We strongly advise you take out insurance to the value of the order as we will not be liable for any refund if the jewellery is returned to us broken or if it is lost in transit.
4) Once we have received the returned item or items we will refund the amount due to your credit card. Please note initial delivery charges and the cost of returning your item(s) will not be refunded.
For returns outside the UK:
1) Call +44 (0) 845 130 8707 or email email@example.com within 7 working days of the receipt of your order and ask for a 'Returns Authorisation number'.
2) Please select the most cost-effective method of return. We strongly advise you take out insurance to the value of the order. Please ensure you write clearly on the courier paperwork that the item is being returned.
3) Once we have received the item or items we will refund the amount due to your credit card. Please note initial delivery charges, returns postage, customs duties, import or sales taxes will not be refunded.
If you cancel a contract and are entitled to a refund, we will usually refund any money received from you using the same method originally used by you to pay for your purchase. Customers are responsible for returning items back to us. We regret unless there is a fault with the item we are unable to reimburse postal charges for returns. We will process the refund due to you as soon as possible and, in any event, within 30 days of the day we received your valid notice of cancellation.
(12) Limitations of liability
Nothing in these terms of sale will limit or exclude your or our liability for: (i) death or personal injury caused by negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any matter for which it would be illegal to limit or exclude, or attempt to limit or exclude, liability.
If the goods delivered are not as ordered, or damaged, or defective, or of an incorrect quantity; Avasarah will have no liability, unless notified by you via e-mail regarding the problem within 7 working days of the delivery of the goods in question.
If you have not received the goods ordered by you within 7 working days of the date ordered, Avasarah shall have no liability unless you notify us via e-mail or telephone regarding the problem within 14 days of the date on which you placed the order. If so notified, our only obligation will be to either:
(i) make good any shortage or non-delivery; or
(ii) replace any goods that are damaged or defective; or
(iii) refund to you the amount paid by you for the goods in question
in whatever way we choose.
Save as precluded by law, Avasarah will not be liable for any indirect or consequential loss, damage or expense (including without limitation loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data or waste of management or office time) arising out of any problem you inform us of under this condition and we shall have no liability to pay any money by way of compensation, other than to refund the amount you originally paid for the goods in question.
All applicable regulations and legislation must be observed and complied with by you, including obtaining all necessary customs, import or other permits to purchase goods from avasarah.com. The importation or exportation of certain of our goods may be prohibited by certain national laws of territories outside of the UK. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
(13) General terms
Contracts under these terms of sale may only be varied by an instrument in writing signed by both you and us. We may revise these terms of sale from time-to-time, but such revisions will not affect the terms of any contracts which we have entered into with you.
If any provision of these terms of sale is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted.
No waiver of any provision of these terms of sale, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of these terms of sale.
You may not assign, charge, sub-contract or otherwise transfer any of your rights or obligations arising under these terms of sale. Any attempt by you to do so will be null and void. We may assign, charge, sub-contract or otherwise transfer any of our rights or obligations arising under these terms of sale, at any time – providing such action does not serve to reduce the guarantees benefiting you under these terms of sale.
Each contract under these terms of sale is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under such contracts is not subject to the consent of any person who is not a party to the relevant contract.
Subject to the first paragraph of Section : these terms of sale contain the entire agreement and understanding of the parties in relation to the purchase of products from our website, and supersede all previous agreements and understandings between the parties in relation to the purchase of products from our website; and each party acknowledges that no representations not expressly contained in these terms of sale have been made by or on behalf of the other party in relation to the purchase of products from our website.
These terms of sale will be governed by and construed in accordance with English law, and the courts of England and Wales will have exclusive jurisdiction to adjudicate any dispute arising under or in relation to these terms of sale.
(14) Contact Us
PO Box 54467
Customer Service 0845 130 8707 (UK) or +44 (0) 845 130 8707
Avasarah Ltd Registered office 32 Byron Hill Road, Harrow on the Hill, Middlesex HA2 0HY.
Registered in England and Wales. Registration number 06600930. VAT number 935 1132 49.
The term “Avasarah” or “us” or “we” refers to Avasarah Ltd, the owner of the website whose registered office is 32 Byron Hill Road, Harrow on the Hill, Middlesex, HA2 0HY. Our company registration number is 06600930 and registered in England and Wales. The term “you” refers to the user or viewer of our website.
- The content of the pages of this website is for your general information and use only. It is subject to change without notice.
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
- This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
- Unauthorised use of this website may give to a claim for damages and/or be a criminal offence.
- From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
- Your use of this website and any dispute arising out of such use of the website is subject to the laws of England and Wales.
This website and its content is copyright of “Avasarah Ltd” - © “Avasarah.com” 2009. All rights reserved.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:
- you may print or download to a local hard disk extracts for your personal and non-commercial use only
- you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.