Terms & Conditions

Welcome to www.avaj.co.uk. By using the Website you agree to be bound by these Terms and Conditions and any Orders placed by you are bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use the Website. The Website is provided solely for your personal use. You may not use the Website for any commercial purpose. We reserve the right, at our sole discretion, to change, modify, add, amend or remove any part of these Terms and Conditions from time to time and it is your responsibility to check these Terms and Conditions from time to time for changes. We may modify or withdraw, temporarily or permanently, the Website (or any part of it) and we shall not be liable to you or any third party for any modification to or withdrawal of the Website. If you do not agree to our right to change the Website or the Terms and Conditions from time to time, please do not use the Website.

Please note that these Terms and Conditions do not affect your statutory rights as a consumer. All text, graphics, photographs, logos, trademarks, artwork, sounds, music, user interfaces, visual interfaces and computer code (the "Content") belongs to avaj Limited(or is licensed to avaj Limited). This Content includes, but is not limited to, the design, structure, selection, coordination, expression, "look and feel" and arrangement of it. The Content is protected by copyright, trademark and other intellectual property rights and you are not permitted to copy, reproduce, republish, upload, post, publicly display, translate, transmit or distribute this Content in any way without avaj’s prior written permission.

You agree that any information you submit to the Website including Personal Information shall not be misleading and shall be true and accurate in all respects. If you submit to the Website any communication, idea or materials which may attract copyright or other intellectual property rights you agree that this shall become our property and you agree that anything you submit shall not infringe any right of any third party, nor contain anything libellous or otherwise unlawful, abusive or obscene nor constitute an invasion of privacy. As such, you are and shall remain solely responsible for the content of any submissions you make on the Website and we reserve the right to remove any material you have placed on the Website or to deny you access to the Website at any time in our sole discretion.

 

1. Product Descriptions on Our Website

We will take all reasonable care to ensure that all Product Descriptions are correct at the time when the relevant information was first entered onto the Website. We have made every effort to display as accurately as possible the appearances, colours, textures or finishes of our Products. What you see will depend on your computer equipment, screen or monitor and we are therefore unable to guarantee that a Product's images are an accurate representation of the actual merchandise. Please refer to our Refund & Returns Policy if you are unhappy with your Order.

 
2. Product Availability

2.1           The Website features Products that have been carefully selected for sale on the Website. Products are subject to availability so once a Product has sold out it will be taken off the Website at the earliest opportunity and may not be available again. As there is a delay between the time when your Order is placed, and the time when the Order is accepted, the stock position relating to particular Products may change. If a Product you have ordered goes out of stock before we accept your Order, then avaj shall not be liable to you for being unable to provide that Product. If such a situation arises, then we shall notify you as soon as possible and you will not be charged for the out of stock Product.

2.2           If due to unforeseen circumstances or in the event of supply difficulties it is necessary to substitute a perishable Product (please note that this includes perishable Products supplied as part of a hamper), the Product will be of equal or greater value than that which it replaces. We will reimburse you for the cost of returning a substitute Product that you do not wish to accept.


3. Pricing Policy

3.1           All Product prices are in pounds (£) sterling and are inclusive of UK value added tax ("VAT") (where applicable), at the appropriate rate, and are correct at the time that the Product Description was first entered on to the Website. Prices of Products may change from time to time.

3.2           Although, we try to ensure all our Products’ prices displayed in the Product Description are accurate, errors may sometimes occur. If we discover an error in the price of a Product you have ordered we will be unable to accept your Order and shall contact you as soon as possible in order to give the option of either reconfirming your Order at the correct price or cancelling it. If we are unable to contact you, we will treat your Order in respect of the incorrectly priced item as cancelled.


4. Age Restrictions

4.1           We cannot sell the following Products to persons under the age of eighteen (18): Knives, Products containing intoxicating liquor or Products containing tobacco. For clarity a drink containing alcohol is classified as "intoxicating" if it contains more than 0.5% of alcohol by volume (0.5% abv). Vintages, labels and closures may vary. All wines are 75cl and all spirits and liquors 70cl unless otherwise stated.

4.2           We cannot sell the following Products to anyone under the age of sixteen (16): Chocolate containing liquor, Christmas crackers, cracker snaps or party poppers.

4.3           By placing an Order for age-restricted Products such as the above, you warrant that you meet the age requirement for that Product and, in any event, you are at least sixteen (16) years old and the information you provide is truthful and correct. It is an offence to buy or attempt to buy age-restricted Products if you are under age or to purchase such Products for someone else who is under age.

4.4           We reserve the right not to sell or deliver any age-restricted Product to anyone who is, or appears to be, under the required age.


5. Order process

5.1           avaj takes all reasonable care, in so far as possible, to keep the details of your Order and payment secure, but in the absence of negligence on our part we will not be liable for any loss you may suffer if a third party procures unauthorised access to any Personal Information you provide when accessing or placing an Order on the Website. For more information on how we use and protect your Personal Information, please refer to our Privacy Policy.

5.2           The technical steps to place your Order and create a contract of sale between you and us are, as follows: 

      a) You place an Order on the Website by pressing the 'Check Out' button at the end of the checkout process. You will be guided through the process of placing an Order by a series of simple instructions on the Website.  

      b) We will send you an email confirming your Order which will detail the Product(s) (including their Product Descriptions) that you have ordered. This email does not constitute an acceptance of your Order by us. 

      c) As your Order is shipped by us we will send you a despatch confirmation email.

      d) Subject to us having accepted your Order, we will then arrange for delivery of it to you at your nominated address

5.3           The contract between you and avaj Limited will be concluded in English and subject to the laws of England and the jurisdiction of the English courts. Title in the Product(s) of your Order (and so risk of loss or damage to such) will pass to you on the date on which we receive payment in full for the Product(s)

5.4           We shall be entitled to supply Products ordered as part of one Order in instalments and each instalment shall be deemed to constitute a separate contract between you and us. This may mean that Products are dispatched separately. We also reserve the right to supply only part of an Order.

5.5           Non-acceptance of your Order (or parts of your Order) may be due to any one or more of the following non-exhaustive reasons:  

      a) A product you ordered is out of stock; 

      b) We are unable to obtain authorisation for your payment; 

      c) We have identified an error with a Product Description; 

      d) You are not eligible to order a Product, as set out in clause 4 above; 

      e) There is a system or procurement failure; 

      f) You fail our customer validation checks; or 

      g) There are restrictions (legal or otherwise) or practices in relation to a Product which prevent us from being able to sell or deliver it to you.
 
6. Payment and payment methods on the Website

6.1           We only accept payment for Orders in pounds (£) sterling.

6.2           We accept payment for Orders by Maestro, MasterCard, Visa, Visa Debit, Visa, Electron.

6.3           If you choose to pay for your Order using a payment card with a foreign currency denominated account, the account will still be taken in pounds (£) sterling at the foreign exchange rate applied by your relevant credit card provider or bank at the time of processing your Order. Your international credit card provider or bank will determine the exchange rate and may add an additional processing or administration charge which you will be liable to pay.

6.4           By placing your Order and making an offer to buy a Product, you authorise us to transmit information (including any updated information) or to obtain information about you from third parties from time to time and this may include verification checks involving your debit or credit card number or credit reports in order to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation, to protect you and us from fraud; and to enable us to arrange delivery of your Order to your nominated delivery address.


7. VAT and Non-EU Customs

7.1           All Product prices shown on the Website are inclusive of any applicable UK VAT.

7.2           Where you have requested delivery of your Order to an EU country, the total cost of your Order will include UK VAT.

7.3           Where you have requested delivery of your Order to a non-EU country, the total cost of your Order will not include UK VAT.  Import duties taxes and charges are not included in the item price or shipping charges, these charges are the buyer’s responsibility.  Please check with your country’s customs office to determine what these additional costs will be prior to buying.

7.4           You will be the importer for the international delivery of your Order (i.e. any Order delivered to a country other than the UK). Therefore, before placing an Order, it is your responsibility to check that the Products you are planning to import comply with state and federal government import regulations, and that there are no local requirements or restrictions which may affect receipt of your Order. If any customs requirements apply or charges are due, you agree to be responsible for these.


8. E-vouchers

8.1.          avaj’s e-vouchers can only be used to purchase Products via the Website.

8.2           e-vouchers cannot be exchanged for cash or refunded.

8.3.          If the Products purchased online total less than the value of your e-voucher, then any balance shall be forfeited and not reimbursed.

8.4.          In relation to an e-voucher, in order to redeem this via the Website, you will need to enter both the registered email address to which the e-voucher was originally sent, as well as the serial number appearing on the e-voucher itself.

8.5           If you want to return Products that you purchased via the Website If you return the Product via post, then your refund will be placed on an e-voucher and emailed to you. This does not affect your statutory rights.

8.6           If you have any issues with using your gift card or e-voucher, please contact avaj’s Customer Services 

 
9. Delivery

9.1           You must provide us with complete and accurate delivery address information. For the avoidance of doubt, this includes not only the address that your Order is going to, but also the name of its recipient. We cannot be liable for the delivery of your Order to the wrong address or the wrong person as a result of you supplying us with incomplete or inaccurate information.

9.2           All parcels will be delivered by us or our nominated parties and most items will require a signature on delivery.

9.3           Please note that delivery of your Order may take longer during busy periods.

International Delivery Destinations
 
9.4           You may request international delivery of your Order. For the purposes of these Terms and Conditions, we consider "international delivery" to relate to the delivery of your Order to a country outside of the UK. For the full list of countries that we currently deliver to, please see Delivery. You may select the international delivery option at the end of the checkout process, and by specifying a delivery address outside of the UK.

International Delivery Charges
 
9.5           We will notify you of the international delivery charge(s) applicable to your Order at the checkout and the amount will be added to the total amount of your Order.

International Delivery Lead Times
 
9.6           Delivery lead times of your Order to an international address will vary according to its destination. Please see our Delivery section for more information.
 
9.7           We will make every effort to deliver your Order within the estimated timescales. However delays are occasionally inevitable due to unforeseen factors or events outside our control, for example, material shortages, travel or transportation disruption, import delays or higher than anticipated demand.  avaj Limited shall not be liable for any delay or failure by us to deliver your Order within the estimated timescales.

Product Restrictions

9.8           As identified in clause 4 above, there may be instances where due to restrictions (legal or otherwise) or practices in relation to a Product, we are prevented from being able to deliver it to you. avaj shall not be held liable in relation to any Product that we are unable to sell or deliver to you as a result of such restrictions. Please refer to the Product Description of your selected Product(s) to see if any restrictions apply. In the event that a restriction is enforced after you have placed your Order with us, we will do our utmost to notify you as soon as reasonable practicable.

10. Cancellation before dispatch

10.1         If for any reason, you wish to cancel your order, please contact us before your Order has been dispatched by phoning  01133451661 Our phone lines are open Monday to Friday 9am to 5pm
 
Cancellation after dispatch

10.2        As it is our policy to try to process your Order immediately it may not always be possible to stop an Order from being dispatched. If you decide to cancel your order please return the unopened, unused item to us within fourteen (14) days after the day on which you receive your Order. Please refer to "Refund and Returns Policy’.

11. Returns Policy
 
11.1           It is the policy of avaj to ensure that all goods are supplied to our customers in perfect condition and that every possible precaution is taken to protect the integrity of the product that is sold. If you are unhappy with your unused purchase please return it within 14 days of receipt.  To obtain a full refund the item(s) must be unworn and in the original packaging the item(s) were received in.  Should you wish to return your items after 14 days but before 28 days of receiving your order we are more than happy to exchange your items please see our Returns Policy
 
11.2         To this end, it is our policy that we do not exchange or refund food items.  Items must be returned in their original packaging and must be complete, including electrical accessories and manuals where applicable. We offer a 30 days satisfaction guarantee on our skincare products if for any reason your not with your skincare product you may return the item for a full refund within 30 days (30 day money back guarantee does not apply to skincare purchased as part of a gift box set).
Your statutory rights will not be affected.

11.3         Unfortunately, we are unable to pay for the cost of returning an Order which was originally delivered outside the UK. Please ensure that you use a local and trusted postal service or carrier in order to return your Order to us. We recommend that you use a tracked and insured service as avaj will not be liable for any risk, loss or damage to your Order.

12. Refunds policy on an EU Order
 
12.1         Within fourteen (14) days of us receiving your Order back by post, or receiving proof from you that your Order was returned to us, we will refund you the original purchase price and delivery charge for your Order, provided that you return the Product(s) to us in a saleable condition. The refund of your Order's original purchase price will be refunded automatically.

12.2         Refunds will be issued back to the credit or debit card which you used to place your Order. This will appear in your account within five (5) days depending on your card issuer. If you paid for your Order using an e-voucher then the refund will be made back to you via an e-voucher.

12.3         Subject to the delivery option that you selected when first placing your Order (for more information, see Delivery) we will also refund you one of the following: 

      a) If you chose and paid for Standard Delivery of your Order, then we will refund you the full cost of this. 
 
      b) If you are only returning part of your Order which was delivered to the same address, then there will be no refund for delivery.

Refunds on a Non-EU Order

12.4         If you placed your Order online and paid for it to be delivered to a Non-EU country, then within fourteen (14) days of receiving your Order back by post we will refund you the original purchase price for your Order, provided that you return the Product(s) to us in a saleable condition. Please note that we will not refund the original delivery charge or any applicable local customs duties charged to you at checkout and paid to your local customs authority. Certain countries permit refunds of customs duties paid on Products you subsequently return. However, you will need to apply to your local authority to process that.

13.  Personal Information and security

13.1         When you register for a avaj Account, you warrant that: 

      a) the Personal Information which you are required to provide when you register as a customer is true, accurate, current and complete in all respects; and 

      b) you will notify us immediately of any changes to the Personal Information by contacting our Customer Services team by calling 01133451661 (+44 113 3451661 from overseas).
 
13.2         You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.

13.3         Your Personal Information shall be used and protected in accordance with our Privacy Policy.

 
14. Material and Activity Prohibited

14.1         Please choose carefully the material you post on the Website and which you provide to other Users. You must not misuse the Website. You will not: send or otherwise post unauthorised commercial communications to Users (such as spam); upload viruses, trojans, worms, logic bombs or other malicious code; corrupt data; cause annoyance to other Users; post material that is hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence; use the Website to do anything unlawful, misleading, malicious or discriminatory; facilitate or encourage any violation of these Terms and Conditions.

14.2         We reserve the right, in our sole discretion, to reject, edit or refuse to post any material and to remove any material from the Website, whether or not the material is expressly prohibited by these Terms and Conditions, or to restrict, suspend, or terminate your access to all or any part of the Website or your avaj Account at any time, for any or no reason, with or without prior notice, and without liability.

14.3         avaj community areas are subject to the following 'Community Area Rules': 

      a) avaj advises you not to reveal your Personal Information to anyone else that would allow you to be identified, including but not limited to: telephone number, home address, business address, delivery address or email address. 

      b) avaj reserves the right to close any avaj Account if we believe a User is using proxy Internet Protocol addresses as a method to hide the use of multiple accounts or to disrupt the Website in any way. If you use multiple logins for the purpose of disrupting the Website we may take action against you and close your avaj Account(s). 

      c) By submitting any material to us, you automatically grant avaj a royalty-free, perpetual, exclusive right and license to use, modify, edit, adapt, publish, re-use, translate, distribute, perform and display such material in whole or part worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. 

      d) You acknowledge that we are not obliged to publish any material submitted by you. 

      e) By submitting any material to us, you agree to use the Website in accordance with these Community Area Rules and the Terms and Conditions. 

      f) If you fail to abide by these Community Area Rules you may be sent an email which informs you why your contribution has been refused or edited. This email will also include a warning that continuing to break the rules may result in action being taken against you or your avaj Account(s). Action may include any material posted by you being checked before being allowed to go on the Website or a temporary or permanent suspension of your ability to participate in any or all of the Website. 

      g) avaj reserves the right to edit or delete any contribution, or take action against any User, at any time, for any reason. 

      h) If you do not want to grant avaj the permission set out above on these terms, please do not submit or share your contribution on the Website.
 
15. Linking to the Website 

15.1         You must not establish any link to the Website to suggest any form of association, approval or endorsement on our part where none exists or establish a link from any website that is not owned by you.

15.2         The Website must not be framed on any other site, and you may not create a link to any part of the Website other than the home page.

16. Compliance with Laws

The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.


17. Liability and Indemnity

17.1         While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.

17.2         We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, and reliability of the Website. We will not be responsible or liable to you for any loss of material uploaded or transmitted through the Website.

17.3         To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer.

17.4         We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Terms and Conditions for any direct, special, incidental, indirect or consequential damages including loss of profit or loss of opportunity that result from the use of, or the inability to use, the material or Content on the Website or the performance of any Product purchased through the Website or the conduct of other Users of the Website, even if avaj has been advised of the possibility of such damages.

17.5         The Website may also contain links to other websites, which are not operated by avaj. When you activate any of these you will leave the Website and we have no control over, and will accept any responsibility or liability in respect of, the material on any website which is not under our control.

17.6         You agree to fully indemnify, defend and hold us and our agents, officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Terms and Conditions (including Community Area Rules) by you or any other liabilities arising out of your use of the Website, or the use by any other person accessing the Website using your avaj Account and/or your Personal Information.

17.7         We may terminate your use of the Website immediately if we consider that you have breached these Terms and Conditions.

17.8         Nothing in these Terms and Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.

18. Comments and Complaints Procedure

Please contact us if you have any comments or complaints by contacting our Customer Services team by emailing info@avaj.co.uk we will aim to respond within 48 hours.
 
19. General

19.1         We may change these Terms and Conditions at any time. If any clause of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that clause shall be deemed severable from the Terms and Conditions and shall not affect the validity and enforceability of the remainder of these Terms and Conditions which shall continue to have full force and effect.

19.2         We will not be responsible to you for any delay or failure to comply with our obligations under these Terms and Conditions if the delay or failure arises from any cause beyond our reasonable control.

19.3         If you breach these Terms and Conditions and we take no action we will still be entitled to use our rights and remedies in other situations where you are in breach. No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any clause of these Terms and Conditions.

19.4         avaj reserves the right to amend, remove or vary the Website, any page of the Website, any Content on the Website, or any service offered on the Website at any time and without notice.

19.5        avaj provides complimentary packing on all underwear purchased at full price this service does not apply to sale items and single skincare items, if you purchase more than one skincare items we will complimentary gift wrap.  Complimentary gift wrap is not given on accessories and nightwear


20. Entire Agreement

20.1         These Terms and Conditions govern our relationship with you and supersede any and all preceding and contemporaneous agreements between you and avaj. Any waiver of any provision of the Terms and Conditions will only be effective if in writing and signed by a Director of avaj. You confirm that, in agreeing to accept the Terms and Conditions, you have not relied on any representation save insofar as the same has expressly been made a clause of these Terms and Conditions and you agree that you shall have no remedy in respect of any representation. Your statutory tights are not affected by these Terms and Conditions.

21. Our details

avaj Limited is registered in England with company number 8932028. Its registered office is; 61 Charlotte Street, St Pauls Square, Birmingham, B3 1PX

 

22. Definitions

The following definitions shall apply to these Terms & Conditions:

"EU" means the following European Union nation states: Austria, Belgium, Bulgaria, Croatia, Cyprus (excluding the UN buffer zone and the part of Cyprus to the north of the buffer zone where Republic of Cyprus does not exercise effective control but including the UK Sovereign bases of Akrotiri and Dhekelia), Czech Republic, Denmark (excluding the Faroe Islands and Greenland), Estonia, Finland (excluding the Åland Islands), France (excluding Martinique, French Guiana, Guadeloupe, Reunion, St Pierre and Miquelon), Germany (excluding the island of Heligoland, and Büsingen), Greece (excluding Mount Athos (also known as Agion Oros), Hungary, Ireland, Italy (excluding Campione d'Italia, the Italian Waters of Lake Lugano and Lvigno), Latvia, Lithuania, Luxembourg, Malta, Netherlands (excluding the Antilles), Poland, Portugal (including the Azores and Madeira), Romania, Slovakia, Slovenia, Spain (excluding the Canary Islands, Ceuta, and Melilla but including the Balearic Islands), Sweden and the UK (excluding the Channel Islands, Gibraltar but including the Isle of Man).

"e-vouchers" means an e-voucher issued and emailed to you by avaj only;

"Non EU" means any other country not listed in the definition of EU above.

"Order" means an online transaction made by you via the Website for one or more Products, to which these Terms and Conditions apply.

"Personal Information" means the details you provide to us when you use the Website, such as your name, e-mail address, billing address, delivery address, telephone number, Product selections, credit card or other payment information and a password.

"Product" means a product displayed for sale on the Website.

"Product Description" means that part of the Website where certain terms and conditions in respect of the individual Product are provided which shall include, but not be limited to, all details, prices (cost of the Product and delivery charges), photographic representations and descriptions of a Product. It shall also include, where appropriate, specific delivery dates and times, warranties, after-sales service and guarantees about that Product.

"avaj Account" means your personal customer account set up by you on the Website.

"Terms and Conditions" means these terms and conditions.

"We", "us" or "avaj" means avaj Limited. Please note, that when arranging delivery of your Order, avaj may instruct a third party courier or postal carrier to deliver it to you. However, avaj will ultimately be responsible for managing the delivery of your Order, so for the purposes of these Terms and Conditions, all references to "we", "us", or "avaj", will be taken to include such third parties.

"Website" means the website located at www.avaj.co.uk or any subsequent URL which may replace it.

"UK" means, for the purposes of these Terms and Conditions, England, Wales, Scotland and Northern Ireland.

"Users" means the users of the Website collectively.

"You" means a user of this Website.