Terms & Conditions
Terms & Conditions
Eligibility to Purchase
All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers. AYA offers products for sale that are in stock and available for dispatch from our distribution center. Occasionally however, we may be waiting for shipments from our suppliers. In this instance, you may choose to register your email address for notification of arrival of the selected merchandise not held in stock. If you have registered your email address for notification of the arrival of a specific product featured on our Site, we will attempt to notify you by email within 48 hours of the product becoming available on the Site. Please be aware that on occasion certain products that are in particularly high demand will sell out during this period.
Where items are temporarily unavailable or Out of Stock, customers may pre-order the product.
Pre-orders are only considered valid on full payment of the amount stated on the Site. We will not process the order until full payment has been received.
Delivery times on pre-ordered items vary across products, according to demand and supply availability. We will endeavor to deliver the product to you within the stated amount of time. Customers must accept that pre-ordered items will not be delivered within normal delivery times.
Prices shown on the Site are in GBP, USD or Euros and are inclusive of VAT. All prices and offers remain valid as advertised from time to time. The GBP price of a product displayed on the Site at the time the order is accepted will be honored, except in cases of patent error.
Where the price of a product is converted and displayed in an alternative currency to GBP, such conversion price is indicative only. The price deducted by us from your credit/debit card will be the GBP price of the product displayed on the Site along with any additional delivery charges (if applicable). If you are a customer whose credit/debit card is not denominated in Sterling (GBP), the final price will be calculated in accordance with the applicable exchange rate applied by your card issuer to process the transaction.
Acceptance of your Order
Once you have made your choice and your order has been placed, you will receive an email confirming the details of your order. This confirms your order and , unless you cancel your order, the contract between you and AYA will be completed when we email you to confirm the goods have been dispatched. The sale contract is therefore concluded in London, England and the language of the contract is English. We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the TOS. We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
Whilst every effort is made to make sure details on our website are accurate, we may from time to time discover an error in the pricing of products. If we discover an error in the pricing of a product in your order, we will let you know as soon as possible. We shall be under no obligation to accept or fulfill an order for a product that was advertised at an incorrect price and reserve the right to cancel such an order that has been accepted or is in transit. If you order a product that is priced incorrectly for any reason, we will email or telephone you to inform you that we have not accepted your order and/or that the relevant part of your order has been cancelled. If you have already paid for the goods, we shall refund the full amount as soon as we are able. In the event that products are recalled in transit, we will process your refund once the products have been returned to us.
Payment can be made by Visa, MasterCard and American Express, and any other methods which may be clearly advertised on the Site from time to time. Payment will be debited and cleared from your account at the time of placing your order, by AYA. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to AYA, we will not be liable for any delay or non-delivery. We take reasonable care to make our Site secure. All credit/debit card transactions on this site are processed using Swipe, a secure online payment gateway that encrypts your card details in a secure host environment. If you are a registered AYA user, we will securely store your credit/debit card details on our systems. These details will be fully encrypted and only used to process card transactions which you have initiated. To help ensure that your shopping experience is safe, simple, and secure, AYA uses Secure Socket Layer (SSL) technology. Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Site.
Insurance and Delivery
AYA is responsible for insuring each purchase during the time it is in transit until it is delivered to your specified delivery address. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfillment by AYA, and transfer of responsibility in the same way.
Delivery will be completed when we deliver the goods to the address that you provide us. The goods will be your responsibility from completion of the delivery.
DHL can deliver to certain destinations without collecting a signature. Please note, that if no signature is collected, you agree to our terms and conditions and, confirm that AYA can leave your package(s) outside the premises at the shipping address provided by you without obtaining a signature for proof of delivery.
On occasion, DHL may refuse to deliver your order if they are of the opinion that the shipping address is considered to be unsafe.
Delivery times appearing on the site are estimates and are to be used as a guide only and commence from the date of dispatch. In any event, we will deliver the goods to you within 30 days of the day on which we accept your order. AYA is not responsible for any delays caused by destination customs clearance processes. If delivery is delayed by any event outside of our control, we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to cancel your order and we will give you a refund for any goods you have paid for but not received.
If you order goods from our site for delivery to an international delivery destination, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information prior to placing an order.
You must comply with all applicable laws and regulations of the International Delivery Destination. We will not be liable if you breach any such law.
Cancelling Your Order Under The Consumer Contracts Regulations 2013
If you are based in the EU under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (ICACRs), you have the right to cancel your order with us provided you give us written notice.
For orders cancelled under the ICACRs, we will issue you with a full refund including the shipping cost. Refunds will be issued within 14 days of us receiving your cancellation notice. Please note you may only use your right to cancel the order under the ICACRs if you give us formal written notice of cancellation any time after your order has been placed, up until 14 working days from the day after you receive you order. As a consumer you will always have legal rights in relation to the goods if they are are faulty and not as described. These legal rights are not affected by the returns policy (set out above) nor the TOS. Advice about your legal rights is available from your Citizen’s Advice Bureau or Trading Standards Office.
You have the right to cancel your order within 14 days without giving any reason.
The cancellation period will expire 14 days from the day after the day on which you (or someone you nominate, other than a carrier) receives the last of the goods. To exercise the right to cancel, you must inform us by email to: firstname.lastname@example.org.
For orders cancelled under the ICACRs, we will issue you with a full refund including the shipping cost paid by you. We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
You will need to return the entire order to us by secure means to ensure it reaches us in good condition, at your own cost within 14 days from the date of your cancellation. Cancelled orders should be returned to: AYA Jewels Limited, 869 High Road, London, United Kingdom, N12 8QA. All items must be returned unused and in their original condition. We recommend that you insure the return shipment as you are under a duty to take reasonable care of the goods and will be liable for damage to them until we receive them. In case of dispute, we also recommend you retain proof of sending.
In the event that we have sent goods to you and you have cancelled your order, we may withhold reimbursement until we have received the goods back.
You shall return cancelled orders to: AYA Jewels Limited, 869 High Road, London, United Kingdom, N12 8QA, without undue delay and in any event not later than 14 days from day on which you communicate your cancellation of the contract to us. The deadline is met if you send the goods before the period of 14 days has expired.
You will have to bear the cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling, other than what is necessary to establish the nature, characteristics and functioning of the goods. Please note you may only use your right to cancel the order under the ICACRs if you give us formal written notice of cancellation any time after your order has been placed, up until 14 calendar days from the day after you receive your order, by email as described above.
If you wish to return a product to us for any reason, you must, within 14 days from receiving your order, send an email to email@example.com providing us with your original order details, together with the details of the item you wish to return and the reasons for returning it. Our customer services team will then make contact with you and will issue you with a returns reference number and instructions of how to proceed. All returns are to be sent to AYA Jewels Limited, 869 High Road, London, United Kingdom, N12 8QA. We recommend that all returns are sent by recorded and insured delivery as you are under a duty to take reasonable care of the goods and will be liable for damage to them until we receive them. In case of dispute, we also recommend you retain proof of sending. Please write the returns reference number clearly on the outside of the package. No return is accepted without a reference number and unidentified returns may be returned to the sender.
Products returned must be in a saleable condition and in their original undamaged packaging and with all AYA packaging purchase items included. We will refund the price of the product to the purchaser, but we will consider the overall condition of the product being returned when making a refund. Items should be returned unused, and returns that are damaged or soiled may not be accepted and may be sent back to the customer and/or a refund refused.
We will make no refunds to a third party.
If your order has been sent to a destination within the EU, all VAT will be refunded. Outside the EU, customs duties and sales taxes are non-refundable through AYA. However, you may be able to recover these by contacting your local customs bureau directly. Exchanges made to destinations outside the EU will be submitted to the same customs procedures, therefore applicable for duty and tax again.
You will be notified by email once your return has been received and processed, please allow 10 working days.
Goods are faulty if they are received damaged or where there is a manufacturing fault. Items that are damaged as a result of normal wear and tear are not considered to be faulty. If you would like to exchange a faulty item instead of obtaining a refund, please be aware that we can only replace it for the same product in the same size, subject to availability. Where possible, we will offer to repair faulty items. If it cannot be repaired or the same product is not available, you are entitled to a full refund i.e the purchase price and delivery charges.
We have made every effort to display as accurately as possible the colours of our products that appear on AYA. However, as computer monitors vary, we cannot guarantee that your monitor's display of any colour will be completely accurate.
Please also note that by the very nature of their formation, no two gemstones are the same and every gemstone contained in AYA jewellery will be unique. We therefore cannot guarantee that the pieces will be identical to the product images on the Site.
Intellectual Property Rights
Your use of the Sites and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the Content (as described in the Content section below), including AYA Software and all HTML and other code contained in this Site. All such Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorized by AYA and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.
In addition to the Intellectual property rights mentioned above, "Content" is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. AYA tries to ensure that the information on this site is accurate and complete. AYA does not promise that AYA's Content is accurate or error-free. AYA does not promise that the functional aspects of the Site or AYA's Content will be error free or that this Site, AYA Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.
No Commercial Use
This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.
You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on and pursuant to this Site. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the TOS, we may deny you access to this Site on a temporary or permanent basis.
Third Party Sites
We may include hyperlinks on this Site to other websites or resources operated by parties other than AYA, including advertisers. AYA has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.
You have certain rights under the law. In England these include:
- That any products you order through this Site will be of satisfactory quality, fit for their intended purpose, and will conform to any description given on this Site;
- Certain remedies if a product is defective; and
- A right to cancel any order for a product within 14 working days commencing on the day after the date on which you receive it, and receive a full refund even if it is not defective.
Nothing in the TOS is intended to affect these rights. For more information about your rights contact your local Citizens Advice Bureau or Trading Standards Bureau.
Limits on our Liability
We accept liability for death and personal injury arising from our negligence or that of our employees and agents. We do not seek to exclude our liability for fraudulent misrepresentation by us or our employees or agents. Nothing in this Agreement is intended to affect your rights under the law (see "Your Rights" above). If AYA fail to comply with the TOS, we are responsible for loss or damage you suffer as a foreseeable result of us breaching the TOS. Loss or damage is foreseeable if it is obvious that it will happen or if, at the time the contract is made, both you and AYA knew it might happen, for example, if you discussed it with us during the sales process. We will only be liable for loss or damage up to 150% of the total value of goods purchased. We are not responsible for losses not caused by our breach or negligence, indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us (for example, loss of profits or loss of opportunity).
We are also not responsible for failure to meet any of our obligations under the TOS where such failure is due to events beyond our reasonable control.
At our request, you agree to compensate us fully, defend us, and hold us AYA harmless immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TOS by you, including the use by any other persons accessing this Site using your Internet account caused by your action or inaction.
You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and AYA as a result of the TOS or your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of AYA, and we shall not be liable for any representation, act, or omission on your part.
If you breach the TOS and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the TOS.
Please contact our Customer Services team at firstname.lastname@example.org if you have any queries about the TOS or your purchase of goods.
The TOS together with all our policies and procedures will be governed by English law. This means a contract for the purchase of goods through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England & Wales will have exclusive jurisdiction.