Terms and Conditions

Please read the information below carefully.
By joining and placing an order you agree and are bound to the following Terms & Conditions.
If you do not agree to these terms, please stop using this website.


 

1. Interpretation
In these Terms and Conditions (Terms), the following words and phrases shall have the following meanings:
“Buyer” means the person, firm or company who purchases the Goods from the Company: Shanaiya.com
“Company” and “We” means www.Shanaiya.com;
“Contract” means the contract between the Company and the Buyer which shall be deemed to incorporate these Terms;
“Goods” means any goods agreed in the Contract to be supplied by the Company to the Buyer;
“Place of Delivery” means the place to which the Goods are to be delivered.
In these Terms, reference to any statute or statutory provision shall be construed as a reference to such statute or statutory provision as amended, modified, re-enacted or replaced from time-to-time.
 

2. The Contract
The Contract shall be on these Terms to the exclusion of all other terms and conditions, including any such terms and conditions that are purported to be included or applied by the Buyer.
This agreement will remain in affect whilst you are a registered member with us.
We reserve the right to suspend or terminate your membership without notice to you if you breach these terms. You may also terminate your membership anytime in writing to us.
We reserve the right to terminate your membership if you have not used our site for a period of 12 months.
Important: You warrant that all information provided by you ‘Buyer’ is up to date and accurate. This includes entering your correct address & landline/home telephone number.
 

3. Acceptance
You agree by removing any of our tags that you wish to keep the items and that the items cannot be returned under any circumstances.
You may not engage in advertising to buy or sell any products or services through our service or website You are prohibited from and will not commit or send any material to us which is seen as offensive or obscene, transmit or distribute any viruses or ‘try’ to corrupt any service which is being offered by us. You will not commit a criminal offence by entering fraudulent information.
You agree that we reserve the right to refuse an order should we deem appropriate.
 

4. Goods
The price and description of the goods will be shown on our website
We take all due reasonable care to ensure that all product descriptions, sizes and colours are displayed accurately. If an error is found on the price or the description of an item the supplier will inform you as soon as possible and offer you the option of accepting the item at either the correct price or cancelling your order for a full refund.
We cannot be held responsible for differences between colours on the buyer’s computer and that of the actual items. This is as there may be variations of colour depending on the clarity of your monitor.
We take all due care to ensure all sizes & measurements are accurate, however slight variations may occur.
 

5. Payment
Payment shall not be deemed to have taken place until the receipt by the Company of cleared funds and the buyer receiving an email confirmation stating that the goods have been dispatched.
Payments may only be made on-line, we do accept cheques, cash, or any other means of payment.
You agree to our Payment Service Provider (paypal/worldpay) processing your order.

Your credit card information is stored securely by our Authorised Payment Processor – Paypal and Worldpay We are not liable for any transaction which has been cancelled or not authorised by the issuer/company of your debit/credit card.
 

6. Delivery
The Place of Delivery shall be the buyer’s premises and the Buyer shall take delivery within 7 days of the Company notifying the Buyer that the Goods are dispatched/ready for delivery only after payment has been cleared.
Any dates specified by the Company for delivery of the Goods are intended to be an estimate only. If no date is specified for delivery of the Goods, delivery shall be within a reasonable time.
Subject to the other provisions of these Terms, the Company shall not be liable for any loss, whether direct or consequential, economic or loss of profits or otherwise, arising directly or indirectly out of any delay in the delivery of the Goods.

A signature may be required upon delivery. Signature of the person at the delivery address will also act as confirmation that you or the person the package is addressed to has received the order & from this point on, you agree that you are responsible for the goods.
If you deliberately fail to sign for the item you will then occur all charges and costs for the delivery of the item. If the item is returned back to us you will be entitled for a refund on your product excluding the costs occurred in returning the item back to us.
Please Note: we do not deliver to P.O. Box addresses. If a customer’s address cannot be confirmed, we will not send the items out and will cancel your order.
We only deliver to the cardholders’ address. We Can deliver to an alternative address if we have it in writing from the buyer. Please Note: we obtain ‘Proof Of Delivery’ on all items processed and sent via our shippers: Royal Mail.
The company may carry out extra security checks & has the explicit right to refuse to deliver to an address if we believe fraud may be taking place or a breach of security has occurred.
 

7. Returns
Under our terms you have the right to cancel a purchase after you have placed an order (prior to delivery). You must notify us immediately via email or phone to cancel the transaction.
If you are returning an item due to incorrect size/fitting we will give you a refund as long as the goods reach us within 7 days of delivery. Buyer pays delivery cost and 10% processing fee for each refunded items.

After this period we reserve the right to refuse the return of the item. Your statutory rights are not affected.
You agree that you are responsible for the goods until they reach us. You agree to notify us before you return any goods by completing the returns form. Items returned without prior authorisation will not be accepted as returned items/goods.
By removing any of our tags you agree the goods/items cannot be returned under any circumstances.
Certain goods are non refundable/non returnable; these are clearly marked and stated on the website.
 

8. Risk in and Ownership of the Goods
Risk in the Goods shall pass to the Buyer on delivery.
Ownership in the Goods shall not pass to the Buyer until the Company has received in full in cleared funds all sums due to the Company in respect of the Goods and all other sums which are or may become due to the Company from the Buyer on any account.
Until ownership of the Goods has passed to the Buyer, the Buyer shall:
Not destroy or deface any identifying mark on the Goods or their packaging;
Maintain the Goods in satisfactory condition insured with the Company’s interest.
 

9. Warranties
The products and services which are offered by the company or through the website are provided on an “as is” and “as available” basis, without any warranties of any kind, express or implied.
The Company warrants that the Goods are of satisfactory quality.

However if there is any discrepancies please contact us and we shall try and resolve the issue.
 

10. Security
You agree not to disclose your personal security details to anyone else and not let anyone else login to our site using your details. You are responsible for all information sent by you or anyone using your username.
If you believe there has been a breach of security (someone using your details / username) please contact us immediately via email or telephone. We have full jurisdiction to block your access to our website if we believe fraudulent information has been sent and a breach of security has occurred.
The company takes all appropriate security measures to protect your information. Please note that no Internet transmission can be guaranteed to be secure from access by unintended recipients.
 

11. Limitation of Liability
You accept that the company holds no liability for any loss, claims or damage to the buyer on purchasing our products or whilst using our website. You may not act in any way to damage the reputation of the company. You agree to assure that the company, employees, or its proprietors/directors from any third party claims, damages, liability, costs (including and not limited to, legal fees) for any information or service provided by www.Shanaiya.com or on our website.
 

12. Force Majeure
If either party is subject to an event of Force Majeure, that is circumstances outside its reasonable control, including but not limited to war, fire, industrial disputes or civil commotion, it shall notify the other and the first party’s obligations under these Terms shall be suspended until it notifies the other party of the end of such event of Force Majeure.
 

13. Privacy
We comply with the standards, procedures and requirements laid down in the UK Data Protection Act 1998. We only collect information about you to process your order. We will use your information for administration of our site and to communicate with you. We may notify you about important information and changes to our website. We will never pass any information we hold about you to any other company for marketing purposes.
 

14. Distant Selling Regulations
You are entitled to a full refund under the distant selling regulations in the UK. This entitles you to cancel the contract of the purchase within 7 working days. These must comply with the following: Our returns policy (see paragraph 7).
 

15. General
If any part of these Terms is found to be void or unenforceable by any Court of competent jurisdiction, such part shall be severed from these Terms which will otherwise remain in full force and effect.
 

These may be updated without written notice and shall be governed by and interpreted according to English Law and the parties submit to the exclusive jurisdiction of the English Courts.