terms & conditions
This Aiya ayiA website (hereinafter the "Site") is published and operated by 11938410 CANADA CORPORATION. ("Aiya ayiA/WE/US/OUR"), is a company registered in Canada. If you have any comments or suggestions, we would be pleased to receive them by emailing us at info@AiyaayiA.com
In these Terms and Conditions:
a) “Account” means the account that you will need to register for on the site if you would like to submit an order on the site;
b) “Acknowledgement” means our acknowledgement of your order by email;
c) “Breach of Duty” has the meaning given to it in clause 11.9(b) of these terms and conditions;
d) “Business Day” means a day which is neither (i) a Saturday or Sunday, nor (ii) a public holiday.
e) “Confirmation of Order” means our email to you in which we accept your order in accordance with clause 6 below;
f) “Contract” means your order of a product or products in accordance with these terms and conditions which we accept in accordance with clause 6 below;
g) “Customer” means individual who places an order on the site;
h) “Liability” has the meaning given to it in clause 11.9(a) of these terms and conditions;
i) “Order” means the order submitted by you to the site to purchase a product from us;
j) “you” means the customer who places an order;
k) references to “clauses” are to clauses of these terms and conditions;
l) headings are for ease of reference only and shall not affect the interpretation or construction of the terms and conditions;
m) words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership;
n) references to “includes” or “including” or like words or expressions shall mean without limitation.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
1. Online Store Terms
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
2. General Conditions
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
These terms and conditions shall apply to all orders and contracts made or to be made by us for the sale and supply of products. When you submit an order to us, give any delivery instruction or accept delivery of the products, this shall in any event constitute your unqualified acceptance of these terms and conditions. Nothing in these terms and conditions affects your statutory rights (including the right to insist that goods you buy from businesses must correspond with their description, be fit for their purpose and be of satisfactory quality).
These terms and conditions shall prevail over any separate terms put forward by you. Any conditions that you submit, propose, or stipulate in whatever form and at whatever time, whether in writing, by email or orally, are expressly waived and excluded.
No other terms or changes to the terms and conditions shall be binding unless agreed in writing signed by us.
3. Accuracy, Completeness and Timeliness of Information
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
4. Modifications to the Service and Prices
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
5. Products or Services (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
6.The Customer’s Account
For you to be able to Order Products on Aiya ayiA, you must have a registered Account. You only have the right to register one (1) Account on AiyaayiA.com. We reserve the right to delete duplicate Accounts and deny any Customers who do not comply with our Terms and Conditions the right to use their Account.
When you register an Account, you will be asked to state some personal details. If you do not state this information, we will not register an Account and you will not be able to Order Products on AiyaayiA.com. We will notify you by e-mail when your registration is completed.
We are not obliged to accept all registration requests or all Orders, even when placed by registered Customers nor are we obliged to keep a consistent range of Products or keep any Products available permanently. This clause does not affect Orders that have already been placed.
By registering on or placing an Order through Aiya ayiA, you warrant that you are at least 18 years old.
You are responsible for assuring that all information you enter as part of the registration process is correct, complete and up to date. Your personal data will be stored and processed by Aiya ayiA in the manner stated in Aiya ayiA’s and ’s privacy policy on https://AiyaayiA.com/privacy-policy/. You will receive a confirmation email after registering online.
You are responsible for keeping your personal log-in information secure and confidential.
You are solely responsible for all information you enter into any accessible areas (e.g. blogs). No entries may encroach upon third party rights. We are not obliged to save or publish your entries e.g. Product reviews.
You are to refrain from any disruption of the Websites and the use of any accessible information outside its intended use on our platform. Any manipulation of our Websites with a view to fraudulently obtain money or any other advantage at a disadvantage to Aiya ayiA partners or any other users will result in legal action and a loss of access to the Websites. Our Accounts, product range and stock levels are intended for Consumers.
When making an order, you must register for an account on the Websites as detailed in this clause, and you must follow the instructions on the Websites as to how to make your order and for making changes to your prospective order before you submit it to the Websites.
Irrespective of any previous price you have seen or heard, once you select a product that you wish to order, you will then be shown or told (on the Websites) the charges you must pay and any applicable delivery charges.
You shall pay for the product in full at the time of ordering by supplying us with your credit or debit card details from a credit or debit card company acceptable to us.
If you are asked for details of a payment card, you must be fully entitled to use that card or account. The card or account must have sufficient funds to cover the proposed payment to us.
You undertake that all details you provide to us for the purpose of purchasing the product from us will be correct, that the credit or debit card, or account or other payment method which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the product. We reserve the right to obtain validation of your payment details before providing you with the product.
When you submit an order to the site, you agree that you do so subject to these terms and conditions current at the date you submit your order. You are responsible for reviewing the latest terms and conditions each time you submit your order.
You agree that you will receive invoices and credit notes exclusively in electronic form.
Your order remains valid as an offer until we issue our confirmation of order or, if earlier, when we receive your notice revoking your Order.
We shall not be obliged to supply the product to you until we have accepted your order. Unless expressly stating that we accept your order, an email or other Acknowledgement of your order by us is purely for information purposes and does not constitute the confirmation of order. In that acknowledgement, we may give you an order reference number and details of the product you have ordered. We may in our discretion refuse to accept an order from you for any reason, including unavailability of supplies or we may offer you an alternative product (in which case we may require you to re-submit your order first).
A contract shall be formed and we shall be legally bound to supply the product to you when we accept your order. Acceptance shall take place when we expressly accept your order by email to you, in the form of a document called a “confirmation of order” stating that we are accepting your order. Our confirmation of order shall be deemed to come into effect when it has been dispatched by us. Without affecting your obligation to pay us earlier, we may send an invoice to you at any time after we have accepted your order. Until the time when we accept your order, we reserve the right to refuse to process your order and you reserve the right to cancel your order. If we or you have cancelled your order before we have accepted it, then we will promptly refund any payment already made by you or your credit or debit card company to us for the order of the product.
If you discover that you have made a mistake with your order after you have submitted it to Aiya ayiA, please contact care@ AiyaayiA.com. However, we cannot guarantee that we will be able to amend your order in accordance with your instructions.
We try very hard to ensure that the price given to you is accurate, but the price of your order will need to be validated by us as part of our acceptance procedure. If the price for the order changes before we accept your order, we will contact you and ask you to confirm that you wish to proceed at the amended price.
A contract will relate only to those products whose dispatch we have confirmed in the confirmation of order. We will not be obliged to supply any other products which may have been part of your order until we have sent a confirmation of order in relation to those products.
You may only submit to us or our agents or the websites information which is accurate and not misleading and you must keep it up to date and inform us of changes.
7. Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
We may cancel a contract if the product is not available for any reason. If this is the case, we will notify you and return any payment that you have made. We will usually refund any money received from you, using the same method originally used by you to pay for the product.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
8. Payment
We offer payment by credit or debit card (VISA, MasterCard, gift card). However, we reserve the right to offer less than our full range of payment options.
Invoices, order breakdowns and vouchers shall be provided in electronic form only.
If you pay by card, your card will be charged on the date your Order is dispatched.
9. Faulty Products
We warrant that the product will conform with the manufacturer’s latest published instructions as set out on the website or in our product material at the time of your order.
The product is intended to be used strictly in accordance with the manufacturer’s latest published instructions as set out on the site or as on the product itself. It is your responsibility to ensure that you use the product strictly in accordance with those instructions.
Before delivery, we may make minor adjustments to material, colour, weight, measurements, design and other features to the extent that they are reasonable.
We try very hard to deliver products in excellent condition. However, if you tell us that the product is faulty, you agree to keep the product in its current condition available for us (or our agent) to inspect within a reasonable time.
In order to provide you with any remedies for a faulty product, we may need your assistance and prompt provision of certain information regarding the product, including: a) you specifying with reasonable detail the way in which it is alleged that the product is damaged or defective;
If you would like us to repair, replace or provide a refund for the product where it did conform to the applicable contract, and we find that the product has been misused, abused or subjected to neglect, improper or inadequate care, carelessness, damage or abnormal conditions; or been involved in any accident or damage caused by an incorrect attempt at modification or repair; or been dealt with or used contrary to our or the manufacturer’s instructions for the product; or deteriorated through normal wear and tear, After delivery by us, we may at our discretion decide not to repair, replace or refund you for the product and/or we may require you to pay all reasonable carriage costs and servicing costs at our current standard fees and costs and charge this to your credit or debit card, or the payment details that you provided to us when you made your order, and, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses as a result.
10. Circumstances beyond our control
We shall not be liable to you for any breach, hindrance or delay in the performance of a contract attributable to any cause beyond our reasonable control, including without limitation any act of God, actions of third parties (including without limitation hackers, suppliers, governments, quasi-governmental, supra-national or local authorities), insurrection, riot, civil commotion, war, hostilities, warlike operations, national emergencies, terrorism, piracy, arrests, restraints or detainments of any competent authority, strikes or combinations or lock-out of workmen, epidemic, fire, explosion, storm, flood, drought, weather conditions, earthquake, natural disaster, accident, mechanical breakdown, third party software, failure or problems with public utility supplies (including electrical, telecoms or Internet failure), shortage of or inability to obtain supplies, materials, equipment or transportation (“Event of Force Majeure”), regardless of whether the circumstances in question could have been foreseen.
Either you or we may terminate a contract forthwith by written notice to the other in the event that the event of force majeure lasts for a period of two business days or more, in which event neither you nor we shall be liable to the other by reason of such termination (other than for the refund of a product already paid for by you and not delivered).
If we have contracted to provide identical or similar products to more than one customer and are prevented from fully meeting our obligations to you by reason of an event of force majeure, we may decide at our absolute discretion which contracts we will perform and to what extent.
11. Disclaimer of Warranties; Limitation of Liability
11.1 This clause 11 prevails over all other clauses and sets forth our entire Liability, and your sole and exclusive remedies, for the performance, non-performance, purported performance, or delay in performance of these terms and conditions or a contract or the site (or any part of it or them); or otherwise in relation to these terms and conditions or the entering into or performance of these terms and conditions.
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable Aiya ayiA, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
11.2 Nothing in these terms and conditions shall exclude or limit our Liability for (i) fraud; (ii) death or personal injury caused by our breach of duty; (iii) any breach of the obligations implied by s.12 Sale of Goods Act 1979 or s.2 Supply of Goods and Services Act 1982; or (iv) any other liability which cannot be excluded or limited by applicable law; or your statutory rights as a consumer.
11.3 In performing any obligation under these terms and conditions, our only duty is to exercise reasonable care and skill.
11.4 Subject to clause 11.2:
We do not warrant and we exclude all liability in respect of the accuracy, completeness, fitness for purpose or legality of any information accessed using the site; and we exclude all liability of any kind for the transmission or the reception of or the failure to transmit or to receive any material of whatever nature; and you should not rely on any information accessed using the site to make a purchasing decision – you should make your own enquiries before forming your own opinion and taking any action based on any such information.
11.5 Save as provided in clauses 11.2, we do not accept and hereby exclude any liability for breach of duty other than any such liability arising pursuant to the provisions of these terms and conditions.
11.6 Save as provided in clauses 11.2, we shall have no liability for:
a) loss of revenue;
b) loss of actual or anticipated profits;
c) loss of contracts;
d) loss of the use of money;
e) loss of anticipated savings;
f) loss of business;
g) loss of operation time;
h) loss of opportunity;
i) loss of goodwill;
j) loss of reputation;
k) loss of, damage to or corruption of data; or
l) any indirect or consequential loss; and such liability is excluded whether it is foreseeable, known, foreseen or otherwise. For the avoidance of doubt, clauses 11.6(a) to 11.6(l) apply whether such losses are direct, indirect, consequential or otherwise.
11.7 Save as provided in clause 11.2:
a) our total liability under any contract shall in no circumstances exceed, in aggregate, a sum equal to the greater of: i) $100; or ii) 110% of the value of the relevant contract under which the cause of action arises; and
b) our total liability to you or any third party shall not in any other circumstances exceed, in aggregate, a sum equal to the greater of: i) $100; or ii) 110% of any aggregate amount paid by you to us in the 12 months preceding any cause of action arising.
11.8 The limitation of liability under clause 11.7 has effect in relation both to any liability expressly provided for under these terms and conditions and to any liability arising by reason of the invalidity or unenforceability of any term of these terms and conditions.
11.9 In these terms and conditions:
a) “Liability” means liability in or for breach of contract, breach of duty, misrepresentation, restitution or any other cause of action whatsoever relating to or arising under or in connection with these terms and conditions, including, without limitation, liability expressly provided for under these terms and conditions or arising by reason of the invalidity or unenforceability of any term of these terms and conditions (and for the purposes of this definition, all references to “these terms and conditions” shall be deemed to include any collateral contract); and
b) “Breach of duty” means the breach of any (i) obligation arising from the express or implied terms of a contract to take reasonable care or exercise reasonable skill in the performance of the contract or (ii) common law duty to take reasonable care or exercise reasonable skill (but not any stricter duty).
12. Default, Winding Up
If you are in breach of any of your obligations under a contract; or give notice to any of your creditors that you have suspended or re about to suspend payment or if you shall be unable to pay your debts within the meaning of Section 123 of the Insolvency Act 1986, or an order is made or a resolution is passed for your winding-up or an administration order is made or an administrator is appointed to manage your affairs, business and property or a receiver and/or manager or administrative receiver is appointed in respect of all or any of your assets or undertaking or circumstances arise which entitle the court or a creditor to appoint a receiver and/or manager or administrative receiver or administrator which entitle the court to make a winding-up or bankruptcy order or you take or suffer any similar or analogous action in consequence of debt in any jurisdiction; we may terminate the applicable contract immediately on giving notice in writing and retain any advance payment and you shall indemnify us against all claims, losses, damages, liabilities, costs and expenses of whatsoever nature resulting from any such termination and all sums due to us from you shall become immediately payable.
Termination of a contract shall be without prejudice to any accrued rights or remedies of either you or us. Termination of a contract will not affect the coming into force or continuance in force of any provision which is expressly or by implication intended to come into or continue in force on or after such termination.
13. Data protection
Please see our Privacy Policy which forms part of these terms and conditions.
14. Notices
Any notice under a contract shall be by email, addressed to the relevant party at the email address of the relevant party last known to the other.
15. English law and jurisdiction
These terms of use and your use of the Websites (and all non-contractual relationships arising out of or connected to it or them) shall be governed by and construed in accordance with English law. You submit to the exclusive jurisdiction of the English courts to settle any dispute which may arise under these terms of use.
16. Operational Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
17. Third-party Links
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
18. User comments, feedback and other submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
19. Personal Information
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
20. Errors, Inaccuracies and Omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
21. Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
22. Disclaimer of Warranties; Limitation of Liability
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable Aiya ayiA, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
23. Indemnification
You agree to indemnify, defend and hold harmless Aiya ayiA and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
24. Severability
If any of these terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction which that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining terms of use shall survive, remain in full force and effect and continue to be binding and enforceable.
25. Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
26. Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
27. Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Quebec.
28. Changes to Terms of Service
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Questions about the Terms of Service should be sent to us via info@AiyaayiA.com.
PRODUCTS
29. Delivery
We aim to deliver the product to you at the place of delivery requested by you in your order.
We aim to deliver within the time indicated by us at the time of your order. We always aim to deliver within 5 – 10 working days from the date of any order which we accept, but we cannot guarantee any firm delivery dates.
We shall aim to let you know, if we expect that we are unable to meet our estimated delivery date, but, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
On delivery of the product, you may be required to sign for delivery. You agree to inspect the product for any obvious faults, defects or damage before you sign for delivery. You need to keep the receipt of the delivered product in case of future discussions with us about it.
We deliver in our standard packaging. Any special packaging requested by you is subject to additional charges.
We offer express delivery for some orders. You will be able to see whether or not this service is available when placing your order. The costs for this service can be seen in the checkout. The order will be delivered within 2 working days. If we do not deliver within the time specified, we will refund the express delivery costs.
All risk in the product shall pass to you upon delivery, except that, where delivery is delayed due to a breach of your obligations under a contract, risk shall pass at the date when delivery would have occurred but for your breach. From the time when risk passes to you, we will not be liable for loss or destruction of the product.
You must take care when opening the product so as not to damage it, particularly when using any sharp instruments.
You shall ensure that you are ready for safe receipt of the product without undue delay and at any time reasonably specified by us.
If you are not available to take delivery or collection, we may leave a card giving you instructions on either re-delivery or collection from the carrier. The package might also be delivered to a neighbour or a safe place.
If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not (within two weeks of our first attempt to deliver the product to you) accept delivery or collect the product from the carrier, then we may (without affecting any other right or remedy available to us) do either or both of the following:
a) charge you for our reasonable storage fee and other costs reasonably incurred by us; or
b) no longer make the product available for delivery or collection and notify you that we are immediately cancelling the applicable contract, in which case we will refund to you or your credit or debit card company as applicable any money already paid to us under the applicable contract, less our reasonable administration charges (including for attempting to deliver and then returning the product, and any storage fees as provided for in clause 2.11(a) above).
It is your responsibility to ensure that the products are sufficient and suitable for your purposes and meet your individual requirements. We do not warrant that the products will meet your individual requirements. You acknowledge that the products are standard and not made bespoke to fit any particular requirements that you may have.
Information concerning the exercise of the right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.
To exercise the right of withdrawal, you must inform Ayia ayiA E-Mail: service@AiyaayiA.com of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. We will bear the cost of returning the goods if you use the provided return documents.
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.
Availability of the Websites, security and accuracy
Whilst we endeavour to make the Websites available 24 hours a day, we cannot be liable if for any reason the Websites is unavailable for any time or for any period. We make no warranty that your access to the Websites will be uninterrupted, timely or error-free. Due to the nature of the Internet, this cannot be guaranteed. In addition, we may occasionally need to carry out repairs, maintenance or introduce new facilities and functions.
Access to the Websites may be suspended or withdrawn to or from you personally or all users temporarily or permanently at any time and without notice. We may also impose restrictions on the length and manner of usage of any part of the Websites for any reason. If we impose restrictions on you personally, you must not attempt to use the Websites under any other name or user.
We do not warrant that the Websites will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any computer equipment, software, data or other property as a result of your access to or use of the Websites or your obtaining any material from, or as a result of using, the Websites. We shall also not be liable for the actions of third parties.
We may change or update the Websites and anything described in it without notice to you.
Whilst we endeavour to ensure that information and materials on the Websites are correct, no warranty or representation, express or implied, is given that they are complete, accurate, up-to-date, fit for a particular purpose and, to the extent permitted by law, we do not accept any liability for any errors or omissions. This shall not affect any obligation which we may have under any contract that we may have with you to provide you with services, including any obligation that we may have under that contract to provide you with accurate information and advice, and which we may do through a secure part of the Websites available to people who use the appropriate password.
The material contained on the Websites is provided for information purposes only and it shall not give rise to any commitment or obligation by us. Any information on the Websites shall not constitute any part of an offer or contract.
Registration for the Service
If you would like to submit an order to the Websites to purchase one of the products listed on the Websites, you will need to register for an account on the Websites (“Account”) which you will be able to access on the Websites through the “My User Account” part of the Websites. To register you need to supply us with your name, postcode and email address and possibly some other personal information. See our Privacy for more details about this.
Once you register with one of the Websites, you will be asked to create a username for, and allocate a password to, your account. You must keep the password confidential and immediately notify us if any unauthorised third party becomes aware of that password or if there is any unauthorised use of your email address or your account or any breach of security known to you. You agree that any person to whom your user name or password is disclosed is authorised to act as your agent for the purposes of using (and/or transacting via) your account. Please note that you are entirely responsible if you do not maintain the confidentiality of your password.
You must be registered with a valid personal email address that you access regularly, so that, among other things, administration emails can be sent to you. Any accounts which have been registered with someone else’s email address or with temporary email addresses may be closed without notice. We may require you to validate accounts at registration or if we believe you have been using an invalid email address.
When you register for an account, and whenever you log on to your account thereafter, you have the option to sign up to receive, and to opt out of receiving, information emails (such as newsletters, information on offers etc). You are able to unsubscribe from such information emails at any time by logging in to your account.
Although we save the information relating to any order that you submit to the Websites to purchase one of the products listed on the Websites, you will be unable to directly retrieve this information for security reasons. You may access this information by logging in to your account. You will be able to view information relating to your completed, open or recently dispatched orders and manage and save your address information, any bank details and any newsletter to which you may have subscribed.
Trade Marks
The Aiya ayiA names and logos and all related names, design marks and slogans are the trademarks or service marks of us or our licensors.
Intellectual Property Rights
We are the owner or the licensee of all intellectual property rights in the Websites, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from the Websites for your personal reference and you may draw the attention of others within your organisation to material posted on the Websites.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
You must not use any part of the materials on the Websites for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of the Websites in breach of these terms of use, your right to use the Websites will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Information about you and your visits to the Websites
We process information about you in accordance with our Privacy Policy. By using the Websites, you consent to such processing and you warrant that all data provided by you is accurate.
Transactions concluded through the Websites
Contracts for the supply of products formed through the Websites or as a result of visits made by you are governed by our Terms and Conditions.
