Terms and Conditions for use by Consumers purchasing Goods and Services via the Aviya Glass website.
Please read these Terms & Conditions carefully before placing your order and retain a copy of them for future reference.
Paying for your items
Aviya Glass accepts most credit and debit cards, including Visa, MasterCard, Switch, Solo and Delta. Our on-line payment processing system is via PayPal, an online secure payment processing company. To use this method you either must be registered with PayPal or you will have to register with them before payments can be made.
When you place your order you will be directed to the PayPal secure server, their software encrypts all your personal information – including card number, name and address. This encryption process takes all the characters you enter and converts them into bits of code, which can then be safely transmitted over the internet. At no time are your details held in clear text on any website and no-one sees your credit card number not even us!
Aviya Glass reserves the right to decline any orders that do not pass the Address Verification System. If this happens customers may be asked to submit a recent bank statement or personal utility bill to confirm the name address and postcode submitted as their invoice address. This information will be treated with the utmost confidentiality.
Aviya Glass will endeavour to dispatch all in stock items within 24 hours of receiving an order, providing full payment has been received and cleared. Please note this excludes Saturdays and Sundays.
Delivery is mainly by Royal Mail service. Delivery Rates are automatically calculated at checkout, all of our items have been weighed and the total weight of your parcel is calculated automatically - the more items you order the cheaper your delivery cost will be.
1. Definitions
1. “Goods” – Jewellery and any other goods purchased from the Supplier.
2. “Services” – bespoke items, customised jewellery, commissions, consultation visits, jewellery parties, gift wrapping
3. “We” or Aviya Glass.
4. “You” or the “Customer” - the party purchasing the Goods or Services via this web site.
2. Formation of the Contract
1. No contract exists between the Customer and Aviya Glass for the sale of the Goods until we have received and accepted your order and have sent confirmation by email to the email address you have given, upon which there is a binding legal contract between us.
2. No contract exists between you and Aviya Glass for the supply of the Services until you access the Services, upon which there is a binding legal contract between us.
3. For the avoidance of doubt, accessing the Services shall mean any item defined in point 2 of Definitions.
4. The contract is subject to your right of cancellation (see Clause 6).
5. Aviya Glass may change these terms of sale without notice to you in relation to future sales.
3. Description and Price of the Goods & Services
1. The description and price of the Goods you order will be as shown on the Aviya Glass website at the time you place your order and are currently exclusive of VAT until Aviya Glass is subject to VAT at which time items will then be inclusive of VAT. Prices are all shown in GBP.
2. Aviya Glass may change the price of the Services from time to time but not once an agreement is in place unless the terms or services provided in that agreement change.
3. The Goods are subject to availability. If on receipt of your order the Goods are not available in stock, Aviya Glass will inform you promptly, and refund or credit any sum that has been charged to your credit/debit card for the Goods.
4. Every effort is made to ensure that prices shown on the Aviya Glass website are accurate at the time you place your order. If an error is found, we will inform you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling your order. If you cancel your order due to an error in the price, Aviya Glass will refund or credit any sum that has been paid or charged to your credit/debit card for the Goods.
5. In addition to the price, you will be required to pay a delivery charge for the Goods, as shown in your check out invoice.
6. Payment for the Goods and delivery charges can be made by any method that is shown on the Aviya Glass website at the time of order.
4. Warranty
1. All Goods supplied by Aviya Glass are warranted free from defects for 12 months from the date of supply. This warranty does not affect your statutory rights.
2. This warranty does not apply to any defect in the Goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than as recommended by Aviya Glass, failure to follow instructions, or any alteration or repair carried out without Aviya Glass’s approval.
3. If the Goods supplied to you develop a defect while under warranty, or you have any other complaint about the Goods, you should notify Aviya Glass by email.
5. Delivery
1. The Goods you order will be delivered to the address provided by you when placing your order.
2. If delivery cannot be made to your address, we will inform you as soon as possible, and refund or credit any sum that has been paid or charged to your credit/debit card for delivery.
3. If there is no one at the address given who is competent to accept delivery of the Goods, you will be notified of an alternative delivery date or a place to collect the Goods.
4. Every effort will be made to deliver the Goods as soon as possible after your order has been accepted, and in any event within 30 days of your order. However, Aviya Glass will not be liable for any loss or damage suffered by you through any reasonable or unavoidable delay in delivery. In this case, we will inform you as soon as possible. We will not accept any liability for goods lost in transit unless we are notified within
7 days of the expected delivery date.
5. You will become the owner of the Goods ordered and responsible for risk of loss or damage to them once they have been delivered to you. We will only ship orders to an address to which the credit card is registered. From the time of receipt any loss or damage
to the order shall not be deemed the responsibility of Aviya Glass. Any transit damage to the Goods, shortages or incorrect Goods supplied must be notified to us within 48 hours of receipt. If Goods returned under this clause are found to be in full working order, these will be returned to you and an administration fee of 15% of the price of the Goods along with the carriage cost will be charged to your credit account.
6. Your Right of Cancellation
Aviya Glass carefully inspects its stock before it is dispatched to ensure maximum quality control. However if something is wrong we do operate a simple returns policy:
1. We offer a no-quibble 7 day money back guarantee. A working day is any day other than weekends and bank or other public holidays.
2. If any item is not quite up to standards then just notify us by email (stating reason for return) within 7 days of receipt. To exercise your right of cancellation, you must give written notice to Aviya Glass by email, address shown below, giving details of the Goods ordered and (where appropriate) their delivery.
3. If you exercise your right of cancellation after the Goods have been delivered, you will be responsible for the cost of returning the Goods to Aviya Glass. The Goods must be returned to the address you will be given on receipt of your intention to return Goods.
* Please ensure you notify us first before any items are returned, all items must be returned in the exact condition they were sent including gift boxes, receipts/invoices must also be returned to provide proof of purchase. You must take reasonable care to ensure the Goods are not damaged in the interim period, including whilst in return transit.
4. When the item is received back we will then issue you with either a refund or allow you to exchange the item for something else instead. Please note when refunding, postage costs on the original order are not refunded.
5. No refunds/exchanges are available on earrings or body jewellery for hygienic reasons.
7. Provision of the Services
1. The Services supplied under this agreement shall continue to be supplied until complete unless in the event that this agreement is terminated
2. You acknowledge that this agreement is subject to post and courier service levels and that they are outside Aviya Glass’s control.
3. Subject to 7.1 Aviya Glass shall endeavour to provide the Services at all times and warrants to you that the Services will be provided using reasonable care and skill. Aviya Glass cannot accept any responsibility or liability for poor or limited delivery service. The delivery services reserve the right to change, add and delete any of the services provided.
4. The warranty under clause 7.3 shall not apply to any third party services that you might access through the Services.
5. If the provision of the Services is prevented or delayed by any act or omission caused by you, Aviya Glass shall not be liable for any costs, charges or losses sustained or incurred by you arising directly or indirectly from such prevention or delay.
6. Aviya Glass may, from time to time and without notice, change the Services in order to comply with any applicable safety, regulatory or statutory requirements, provided that such changes do not materially affect the nature, scope of, or the charges for the Services.
7. Aviya Glass remains free to assign rights and duties contained in this Agreement to a third party.
Disclaimer - Should there be an error in the description or price of goods on the website, Aviya Glass reserves the right to supply goods at the correct price. You will be notified by e-mail before any order is processed. Due to the proliferation of credit card fraud on the internet Aviya Glass reserves the right to decline any order.
Aviya Glass has made every effort to display the jewellery as accurately as possible. Most products will have been described with sizes, lengths and accurate colour options. However, please be aware that colours and images vary slightly due to the photos and also the monitor they are viewed on.
Please Note - To emphasize the detail on our products some are shown larger than the actual size.
8. Your Obligations
1. You will co-operate with Aviya Glass in all matters relating to the provision of the Services.
2. You will not use the Services for purposes that are illegal, immoral or improper.
3. The Aviya Glass rates and tariffs assume fair usage of the Services by you. In the event of fair usage not being sustained, the Supplier reserves the right to review the rates and tariffs applied to your account or to terminate the Services and in this event, such termination shall be deemed to have been made by you.
9. Liability
1. These conditions set out the entire financial liability of Aviya Glass (including any liability for the acts or omissions of its employees, agents and sub-contractors) to you in respect of:
(a) Any breach of this agreement;
(b) Any use made by you of the Services; and
(c) Any representation, statement or tortuous act or omission (including negligence) arising under or in connection with this agreement.
2. Nothing in these conditions limits or excludes the liability of Aviya Glass: for death or personal injury resulting from negligence; or for any damage or liability incurred by you a result of fraud or fraudulent misrepresentation by Aviya Glass; or for any liability incurred by you as a result of any breach by Aviya Glass of the condition as to title or the warranty as to quiet possession implied by section 2 of the Supply of Goods and
Services Act 1982.
3. Subject to condition 9.2, Aviya Glass shall not be liable for any loss of profit or any indirect, special or consequential loss (whether caused by the negligence of Aviya Glass, its servants or agents or otherwise), which arise out of or in connection with the provision of the Services or their use by you.
4. Aviya Glass shall not be liable to you or be deemed to be in breach of this agreement by reason of any delay in providing, or any failure to provide, any of Aviya Glass’s obligations in relation to the Services, if the delay or failure was due to any cause beyond Aviya Glass’s reasonable control. For the avoidance of any doubt this includes but is not limited to any failure to carryout out services referred to in condition 7.2.
5. Cherry’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the provision of the Services shall be limited to the price paid for the Services by you.
10. Termination of the Services
1. Aviya Glass shall be entitled to terminate this agreement immediately if:
– you breach condition 8.3 or 8.4
– any of the information you have provided is found to be false.
2. Aviya Glass shall be entitled to terminate the Services by giving you not less than 14 days notice, for reasons including but not limited to any breach of your obligations under this agreement (which if capable of remedy are not remedied within 7 days of Aviya Glass informing you of the breach); or if Aviya Glass is for any reason unable to provide the Services.
3. You shall be entitled to terminate this agreement at any time by informing Aviya Glass. On termination Aviya Glass:
– is under no obligation to refund the time already spent in preparing for or providing Services, unless you wish to terminate within 7 working days of taking up the Services.
11. Applicable Law
1. These terms and the supply of the Services will be subject to UK, and the UK courts will have jurisdiction in respect of any dispute arising from the contract.
Nothing in these Terms & Conditions affects your Statutory Rights.
E-mail: aviyaglass@gmail.com
Website: www.aviyaglass.com