GENERAL TERMS AND CONDITIONS OF AAYALI
Welcome to the general terms and conditions of AAYALI (www.aayali.com);
- Our mission is to spread the power of gratitude
- Our products serve to remind you to slow down & appreciate everything you have
Article 1 - Identification AAYALI and the Customer
www.aayali.com is a website of AAYALI SCS, 7740 Pecq, Avenue des Champs (WAR) 43 B, registered in Belgian KBO: 0719.803.544;
All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. Any access codes or passwords provided should be safeguarded at all times. You are responsible for the security of your access codes and passwords and will be solely liable for any use or unauthorized use of the Site under such access codes or passwords. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We may suspend or terminate your access at any time with or without notice.
We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time at our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
Article 2 - Scope of application
These Terms apply to all sales of products made to you, the customer, through www.aayali.com (“the Site”). Please read these Terms carefully before submitting your order to us. These Terms tell you who we are, how we will provide products to you, how you may change or end the contract, how we may change or end the contract, what to do if there is a problem and other important information. Although the Site is aimed at the Benelux, AAYALI provides all its services from Belgium, and the contract between the Parties will be deemed to be performed in Belgium, dispatching to different countries.
By placing an order with us you accept expressly that you agree to these Terms. Validating an order form is deemed to be equivalent to an electronic signature which has the same value between the Parties as a written signature and serves as evidence that the order is complete and proper and that the amounts due may be claimed in performing that order. These General Terms and Conditions apply to all Products sold via the Site, and prevail over any and all other terms and conditions on the part of AAYALI or the Customer. They may not be varied without AAYALI's express prior consent in writing.
We reserve the right to make changes to these Terms at any time and the new version of the Terms will apply to any offer or order placed on the Site after the new version has been posted. We therefore advise you to make sure you are happy with the Terms each time you place an order.
Article 3 - Capacity in law and acceptance
Anyone wishing to buy Products from AAYALI must have capacity to act in law. Should anyone be declared without capacity, they may not buy any Products on AAYALI's Site and so acquire the capacity of Customers. They must then purchase via their lawful representatives.
Article 4 - Products
The Products and formulas AAYALI offers are those as they appear on the Site at the time the Customer implements their order subject to those Products being available.
AAYALI agrees to make every effort to deliver all orders.
AAYALI cannot however be held liable for Products not being available or for any losses which might arise as a result. Should one or more Products in an order not be available, AAYALI will inform the Customer via email or in writing that it has cancelled his or her order wholly or in part or split it.
Should Products be found to be unavailable and the Customer is informed of this but they have already paid for their Products, AAYALI will ask its bank to refund the amount paid for the products in question immediately, informing the Customer by email accordingly. How fast the refund is actually made depends on how the Customer chose to pay when making their purchase. If they paid by credit card, the refund will appear on the next following monthly statement for that credit card. Should the Customer find the refund is taking an abnormal length of time, they are advised to contact their bank.
AAYALI will in any case make the refund within 30 days.
All Products offered for sale on the Site are described in good faith and conscientiously and as accurately as is possible; but the photographs on the website are of no contractual value whatsoever. AAYALI cannot accept any liability for any errors which may appear in the descriptions of the Products or photographs, including slight variations in colours and dimensions.
Notwithstanding any evidence the Customer may have in writing, it is expressly agreed that data registered in AAYALI's IT systems, those of its hosting partners or Internet payment partners alone shall constitute evidence of the communications, the content of the orders and the entire transactions which have taken place between the Parties.
To place an order, the Customer goes to the heading of their choice, chooses the style, fragrance and size they wish to receive and then click on ‘Add to Cart’. This puts the article selected in the ‘shopping bag’. The Customer can correct their order as long as they are in the ‘shopping cart’. If the Customer wishes to confirm their order, they must proceed to checkout, select a delivery and payment method. The total amount that must be paid is stated clearly throughout the whole of the billing process. Once the payment process is completed, the order is now final and cannot be changed.
The Customer will be sent an initial email confirming their order once they have made their purchase. They will then get a second email when their order is dispatched.
All contractual details of the order will be communicated to the Customer in the language the Customer selected on the Site while shopping and when they confirmed their order.
As part of our order processing procedures, we may screen received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If we suspect fraudulent, unauthorized or illegal activity, we may reject your order or we may contact you at the phone number or email address you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.
Article 5 - Prices and formulas
Prices are those as shown on the Sites at the moment the Customer places their order. Prices may vary from one Site to another, as they are aimed at different countries and are subject to different rules, including on VAT. The prices which apply to the Customer are those stated on the Site aimed at the country from which the Customer places their order. Customers must place their orders from the country in which they are usually resident / want the items delivered.
Prices stated during the purchasing process are expressed in euros and include VAT and administrative costs unless expressly stated otherwise.
Product and service prices do not include transport costs. If shipping is offered free of charge for delivery to certain countries, it will not be added to the total amount. If any discount to the Customer is allowed, it will be deducted from the price of the product.
AAYALI reserves the right to vary selling prices and transport costs at any time, although the Products purchased and costs will always be invoiced at the prices as stated in the email which confirms the order. These are the prices that applied at the time of purchase, provided the Products were available.
The Customer agrees to AAYALI sending its invoices electronically; but if the Customer would like a hard copy invoice, they can simply request one via email.
Products will remain AAYALI's property until such time as the Customer pays for them in full, i.e. until they pay the purchase price and costs in full.
AAYALI may offer various subscription types: including three-monthly rebillable subscriptions (“Every 3 Months Rebillable Subscriptions”); prepaid twelve month subscriptions (“Prepaid Subscriptions for 1 year”); and prepaid gift subscriptions of six, nine or twelve months (“Gift Subscriptions”).
AUTOMATIC RENEWAL TERMS
With respect of AAYALI subscriptions subject to automatic renewal, you agree that once you have expressly agreed for your credit card to be charged on a recurring basis, and agreed to the amount of the recurring charges, AAYALI may submit periodic charges (e.g., every 3 months) to your chosen payment method without further authorization from you, until you provide prior notice at any time that you wish to terminate this authorization or to change your payment method. You agree that such notice will not affect charges submitted before AAYALI reasonably could act. Information on how to cancel is described below.
THREE-MONTHLY REBILLABLE SUBSCRIPTIONS
By purchasing a Three-Monthly Rebillable Subscription, you agree and acknowledge that your subscription has an initial and recurring payment charge at the then-current subscription rate and you accept responsibility for all recurring charges prior to cancellation, including where applicable any charges processed by AAYALI after the expiration date of your payment card.
Automatic Three-Monthly Renewal Terms
Your subscription will be automatically renewed for successive three-monthly periods and your payment method will automatically be charged for each successive three-monthly period at the then-current subscription rate until you cancel your Three-Monthly Rebillable Subscription.
Cancellation Policy For Three-Monthly Rebillable Subscriptions
To cancel your Three-Monthly Rebillable Subscription at any time, you may (i) log in to your account and follow the cancellation procedures there, or (ii) send us an email at firstname.lastname@example.org , call, Whatsapp, chat with us and we will cancel it for you. If you cancel, you will not be rebilled during your next three-monthly billing cycle. Cancellations or cancellation requests need to be done 10 days before the shipment of your upcoming cycle in order to be accepted.
By purchasing a Gift Subscription (12 months) you agree and acknowledge that the gift subscription has an initial pre-payment feature for the applicable length of service (twelve months) including, where applicable, any charges processed by AAYALI after the expiration date of your payment card.
Automatic Renewal Terms
At the end of the Prepaid Gift Subscription term, the subscription will not be renewed and will be automatically terminated after the then-current term expires.
Cancellation Policy For Prepaid Gift Subscriptions
5.3 Gift Cards
AAYALI offers digital gift cards which are only sold online through www.aayali.com. The following terms and conditions apply:
- Gift cards can be redeemed on www.aayali.com. Gift cards do not expire and remain valid indefinitely.
- Gift cards can be redeemed in part or in its entirety. If you do not use the full amount at once, the value of the gift card will be reduced with the amount used.
- You can choose the value of the gift card from one of the predetermined amounts ranging from €25 to €250.
- Gift cards cannot be returned and may not be exchanged for cash or any other payment, not even partially.
- The gift card code can be used in the online order process. After reviewing and confirming your order, put the gift card code in the ‘gift card’ field in the shopping cart during the checkout process. Purchases are deducted from the gift card balance.
- If your total order is less than the value of your gift card, your gift card balance will be reduced with the amount used.
- If your total order exceeds the value of your gift card, the remaining balance must be paid by one of our available payment methods.
- Gift cards will be emailed to an email address of your choice after processing your order and once your payment has been confirmed.
- AAYALI is not liable for the delivery of a gift card by email to a non-existent or wrong email address. It is the sole responsibility of the purchaser that the input of information (such as the email address of the recipient) is correct and double-checked.
- AAYALI is not responsible if a gift card is stolen, resold, destroyed, lost or used without your permission.
Changes to price and AAYALI Subscription Plans
We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any price changes or changes to your AAYALI Subscriptions Plans will take effect following notice to you.
Article 6 - Product Information; Limitation on Quantities
Excluding any content that may be submitted by Members from time to time, we strive to ensure that the information on the Site is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies, which we may correct without liability. We also reserve the right to limit quantities purchased by Members and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted or acknowledged).
Article 7 - Payment Methods
Purchases can only be paid for online, by Visa, MasterCard, Bancontact and iDeal. The Customer's bank account will be debited once the purchase has been confirmed, and payment will not take effect until such time as the Customer's bank has given its consent to AAYALI. Should the Customer's bank refuse payment, the order will be refused automatically.
The Customer warrants they are authorised to make payments by one of the payment methods as stated above, and that there are sufficient funds in the bank account linked to the credit card to cover all the costs arising out of the transaction. AAYALI may refuse the order if this is not the case.
AAYALI can terminate the contract if the conduct/infringements/non-performance by the Customer does not meet these terms or prices aren’t paid. In case of unacceptable conduct by the Customer on the Site or other means of communication, AAYALI reserves the right to delete the customer account or take all necessary actions to stop these events, regardless of any compensation for damages that AAYALI can claim.
AAYALI uses professional and specialized partners in the field of secure payments online to ensure secure, reliable payments. AAYALI has no access to its Customers' confidential payment details, nor does it keep them. AAYALI reserves the right to refuse any order from a Customer with whom it is in dispute or who has brought a dispute in the past. AAYALI may also refuse an order should the Customer not have paid for a previous order, wholly or in part.
Article 8 - Deliveries
When confirming their order, the Customer can choose delivery to a given address (home, work, or other).
Should the Customer opt for delivery to a given address, AAYALI will do its best to ensure that the order is dispatched to the address within a few days of confirming the order. The package will be handed over to a carrier who is responsible for the safe, careful delivery of the package(s). The carrier may attend the address anytime from Monday - Saturday and will hand over the package(s) to the addressee or anyone else present at that address in exchange for a signature confirming the delivery. If no-one is present to accept the package(s), the Customer will be contacted by email regarding a new attempt to deliver.
Should the Customer fail to arrange for redelivery within three weeks of confirming the order, or if they are not present when that redelivery is attempted, the order will be returned to AAYALI automatically, who will then contact the Customer to arrange for the order to be delivered, in which case the Customer may be asked to pay additional delivery costs.
Products ordered will be delivered to the delivery address as stated by the Customer during the ordering process and then subject to the terms and conditions described therein.
Orders can only be delivered to addresses within Belgium, Luxembourg and the Netherlands.
AAYALI reserves the right to split orders into one or more deliveries as Products are available. Each delivery will be notified by email. Should a delivery go missing during the delivery process, and the provisions of this article are complied with, AAYALI will send a new shipment entirely at its expense if the Product is still available or refund the value of the order including transport costs. The risks of loss and/or damage pass to the Customer upon delivery.
Article 9 - Right to revoke and returns
Concerning the delivery of products
- The customer has the option to dissolve the agreement regarding the purchase of Products within a period of 30 days, without having to state his/her reasons. This reconsideration period will commence on the day following the day upon which the product is received by the Customer or by a representative as appointed by the Customer and announced to AAYALI in advance.
- The Customer will handle the Product and its packaging with care during the reconsideration period. AAYALI only accepts unopened, unused and undamaged Products for a refund. If the Customer wishes to exercise the right of revocation, then he/she will return the Product to AYAALI with all the accessories in its original state and packaging, in accordance with the reasonable and clear instructions as provided by AAYALI.
If the Product has already been delivered to the Customer, the Customer can exercise their right to revoke by emailing AAYALI at email@example.com. The costs and risks involved in returns will be borne by the Customer if the Customer opts to be refunded to its original payment method. Return transport costs will be reimbursed if the Customer opts for a refund to an AAYALI Digital Gift Card.
Purchases will be refunded within 14 calendar days of AAYALI receiving returns in good time, provided all conditions as specified above have been strictly complied with. Under no circumstances can the amount repaid ever exceed what the Customer actually paid.
Purchase will be refunded within 14 days of cancellation. AAYALI reserves the right to postpone refunds until the goods have been received.
Refunds will be made to the original payment method. If a Customer has paid for their order by credit card, having examined the products returned, the credit card the Customer used to pay for the products returned will be credited, less the sums due or the sales vouchers or discounts used to pay for the order. The Customer will be refunded in accordance with the procedures agreed with the bank which issued the card.
Find more information on returns & exchanges on www.aayali.com/faq.
Article 10 - Complaint Procedure
Aayali warrants that the Products offered for sale do not suffer from any visible or latent defects which render the Product impossible or dangerous to use. This warranty is without prejudice to the statutory rights the Customer has under their national legislation.
Customers must contact AAYALI should they wish to invoke this warranty immediately, and must notify AAYALI of the non-compliance in writing or via email in any case within 24 hours after receiving the product.
They must get in touch with AAYALI via email, phone call, Whatsapp or chat. Under no circumstances does the warranty apply to Products which are damaged intentionally or by the Customer's negligence; nor does it apply if the damage is due to sleet, transport or incorrect use.
Customers can contact AAYALI if they have any queries as to the warranty.
The Products are sold for private use only.
The costs incurred by AAYALI for the verification of compliance of prohibition of export for commercial purposes outside of the European Union will be borne by the Customer in case of infringement. AAYALI also reserves the right to suspend or even refuse a sale if there is a prima facie indication that the prohibition is not respected.
Article 11 - Intellectual property rights
All elements (referred to hereinafter as the 'Elements'), including texts, the database with all data published on the website, the layout and graphic design of the web pages, the sales catalogue, photos, images, video and music on the Sites are protected by copyright, database rights, trademark rights, patent rights and all other forms of intellectual property rights worldwide, and thus remain the exclusive property of AAYALI. They may not therefore be copied, published, imitated or used in any other way in any form whatsoever without AAYALI's prior consent in writing. Such consent must be obtained in writing, unless AAYALI itself has made it possible to share certain Elements via social networks, in which case consent will be limited to the specific Elements and social networks for which AAYALI has made it possible to share them. Any infringement of this will be pursued in the courts.
Article 12 - Liability
AAYALI cannot under any circumstances be held liable for any losses suffered directly or indirectly (loss of use, loss of profits, loss of opportunity etc.) arising out of using the Sites or of their being unavailable. It cannot be held liable for any damage to the Customer's systems incurred through visiting the Sites including being hacked or computer viruses.
AAYALI cannot be held liable for any errors which may be in photographs or text used in describing Products on Sites.
AAYALI cannot be held liable for not delivering orders because Products are out of stock or for reasons beyond its control, including circumstances of force majeure, including disturbances of or suspension of transport, post or communication services, in the event of flood or fire, accidents or damage inherent in using the network.
In any cases where AAYALI is or could be held liable, AAYALI's liability will be limited to the amount the Customer actually paid for the order concerned.
Whilst AAYALI tries to ensure that all details, descriptions and prices which appear on the Sites are accurate, errors may occur. If AAYALI discovers an error in the price of any Products which the Customer has ordered, AAYALI will inform the Customer of this as soon as possible and give the Customer the option of reconfirming the order at the correct price or cancelling it. If AAYALI is unable to contact the Customer, the order will be cancelled. If the Customer cancels and has already paid for the Products, the Customer will receive a full refund.
Article 13 - Contact and settlement of disputes
Should they have any queries concerning their purchases, Customers can contact AAYALI via the contact information provided on the FAQ page of the Sites.
The consumer resident in Europe must be aware that the European Commission has established an online platform for alternative dispute resolutions that provides for an out-of-court method to solve any dispute related to and stemming from online sale and service contracts. As a consequence, if you are a European consumer, you can use such platform for resolving any dispute stemming from the online contract entered into with AAYALI. The platform is available at the following link (http://ec.europa.eu/consumers/odr/).
Article 14 - Varying General Terms and Conditions and nullity
AAYALI may update the present General Terms and Conditions at any time, including to comply with its statutory obligations. Changes notified via the Sites will apply to all subsequent offers and orders. AAYALI reserves the right to update the design and content of its Sites at any time. Customers are entirely at liberty to deactivate their accounts if the General Terms and Conditions or the layout or content of the Sites are changed. They can do this by emailing firstname.lastname@example.org.
Should any court decision result in any of the article(s) or paragraph(s) of the present General Terms and Conditions being null and void or unenforceable, that will not affect the validity or enforceability of the other articles and paragraphs of the present General Terms and Conditions or the agreement between the parties. Parties will replace the clause that is null, void or unenforceable by a new term that has the same purpose as the original clause.
Article 15 - Disputes and governing law
Should any disputes arise between the parties concerning the agreement, the courts of the judicial district of West-Vlaanderen Kortrijk will have exclusive jurisdiction to hear the case.
The agreement between the parties is governed by Belgian law.