TERMS AND CONDITIONS
This page provides information about who we are and the legal terms and conditions that may apply to your use of www.nikazaofficial.com and any product or service you order from us.
- ‘We’, ‘us’ or ‘our’ means Nikaza Asian Couture, a registered company incorporated under United Kingdom’s registration of Company forum.
- ‘You’ or ‘your’ means the person using our site to buy goods from us. If you are under 16 you must obtain permission from your parent or guardian before you register on or buy anything from this site. We reserve the right only to accept orders from people over 18.
1.1 In this contract ‘We’, ‘us’ or ‘our’ means Nikaza Asian Couture.
1.2 If you buy goods on our site you agree to be legally bound by this contract.
1.3 You may only buy goods from our site for non-business reasons.
1.4 This contract is only available in English. No other languages will apply to this contract.
2 WEBSITE TERMS
2.1 The Terms and Conditions apply to your use of the Nikaza Asian Couture website at www.nikazaofficial.com (the “Website”) and to any products you purchase from us. The Terms and Conditions apply regardless of how you access the Website, including any technologies or devices by which we make the Website available to you. You must read these Terms and Conditions carefully. By accessing, browsing, using, registering with, or placing an order on the Website, you confirm that you have read, understood and agree to these Terms and Conditions in their entirety. If you do not agree to these Terms and Conditions in their entirety, please do not use this Website.
2.4 Query- Please be polite and only write in English. If you require an immediate response from us or have a comment about our service please contact us directly for a quicker response.
3 ORDERING GOODS FROM US
3.1 You will need to register on the site with information about yourself that is accurate, current and complete. The password you provide should be kept secure and you must notify us of any breach of security or unauthorised use of your account.
3.2 You place an order on the site by adding your selected item(s) to the shopping bag and proceeding to checkout. Items in your shopping bag are not reserved and may be purchased by another customer. Please read and check your order carefully before submitting it.
3.3 When you place your order at the end of the online checkout process (i.e. when you click on “Pay”), we will acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted.
3.4 We may contact you to say that we do not accept your order. This is typically for the following reasons:
(a) the goods are unavailable;
(b) we cannot authorise your payment;
(c) you are not allowed to buy the goods from us;
(d) we are not allowed to sell the goods to you;
(e) you have ordered too many goods; or
(f) there has been a mistake on the pricing or description of the goods.
3.5 We will only accept your order when we email you to confirm this (Confirmation Email). At this point:
(a) a legally binding contract will be in place between you and us; and
(b) we will dispatch the goods to you, or inform you of the estimated dispatch date.
4.1 Once an order placed cannot be cancelled at any stage. The contract is completed on receipt of the order.
4.2 We will deliver your purchases using the delivery method that you select during the checkout process.
4.3 The estimated date for delivery of the goods is set out in the Confirmation Email (see clause 3.5). This date is an estimate only and we do not guarantee to deliver the goods on that date.
4.4 We require that all deliveries are signed for by a person at the delivery address. You agree that delivery takes place when the goods are signed for at the delivery address and the signature of the person at the delivery address is conclusive evidence that the signed-for goods have been delivered to you at that address.
4.5 If nobody is available to take delivery, please contact us using the contact details at the top of this page to arrange an alternative delivery, unless you and we agree otherwise if we cannot deliver your goods due to your unavailability, the order will not stand to cancel and you be will liable to arrange a pickup. Contact us [email protected]
4.6 VAT, duties and taxes will be applicable as per your country’s regulations and are to be borne by the customer. These charged will be built separately to you by the courier company at the time of delivery. Shipping charges are based on the shipping destination and weight of your parcel. Shipping Company determines shipping charges based on the package weight, custom clearance and various other factors. You are solely responsible to bear any customs duty if applicable.
5.1 We accept the following payment methods: Visa, MasterCard, American Express, Visa Debit, Visa Delta, Electron and PayPal. We do not accept any other method of payment.
5.2 We will do all that we reasonably can to ensure that all of the information you give us when paying for the goods is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.
5.3 Your credit card, debit card, PayPal account or similar will be charged at the time of placing the order on the website.
5.4 The price of the goods is in the currency shown at the checkout. You are responsible for any charges that your payment card provider may apply for making payment in that currency.
5.5 The price of the goods does not include the price of delivery, which will be shown separately at the checkout and on the Confirmation Email.
Any material you upload to our Website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any material in the Submissions for any purpose. We have the right to remove any Submissions you make on our Website if, in our opinion, such Submission does not comply with the content standards set out below.
7 NATURE OF THE GOODS
7.1 We try to make sure that all weights, sizes, colours and measurements set out on the site are accurate; there are chances that there may be small differences between the weights, sizes, colour and measurements of goods shown on the website and the actual goods supplied by us.
7.2 We try to make sure that the colours of our goods are displayed accurately on the site; however, the actual colours that you see on your computer may slightly vary than the actual product.
7.3 Many of our garments are hand finished or hand embroidered. By their nature these garments may exhibit small irregularities and may vary from examples shown on the website; this is not a manufacturing fault. Garments featuring hand embroidery or hand finishing or incorporating fabrics such as chiffon and georgette are by their nature susceptible to pulls and rips and are not designed for hard-wearing.
7.4 The packaging of the goods may be different from those shown on the site.
8 MADE-TO-MEASURE AND ALTERED GARMENTS
We produce made-to-measure garments and alterations to ready-made garments according to the specifications that you provide when you place your order. If you wish to change your specifications after we confirm your order you must contact us at [email protected] as soon as possible. If you contact us before the garments have been dispatched we will use reasonable efforts to accommodate the change. We may charge an additional fee for accommodating the change. Size above XL 10 to 15% extra
9 RETURNS OR EXCHANGES
9.1 This clause 9 sets out the only circumstances in which we will accept returns or offer refunds for goods. We will not accept returns or offer refunds for goods unless they are faulty. For this purpose, the customer needs to notify us within 5 working days from the date of delivery.
9.2 If your goods are faulty when they are delivered you may return the faulty goods to us. If you return the goods to us we will (at our option) repair or replace the goods or provide you with a refund of the purchase price and the price of delivery, via the original payment method.
9.3 In order to return faulty goods you must contact us at [email protected] to inform us that you wish to return the goods. We will then provide you with details of where to return the goods and how to complete the returns process. You will be responsible for the costs of delivering the goods back to us.
9.4 If we repair or replace the goods we will deliver the repaired or replaced goods to you at no additional cost to the delivery address you specified when you purchased the goods.
9.5 If we provide a refund we will pay it to the account you used to purchase the goods, via the original payment method in pay pal, which is in most cases. Subject to outfit being unused and unworn with all the tags intact as at the time of receiving the outfit.
10 LIMIT ON OUR RESPONSIBILITY TO YOU
10.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), we are not legally responsible for:
10.1.1 Losses that:
(a) Were not foreseeable to us when the contract was formed; or
(b) That were not caused by any breach on our part;
10.1.2 Business losses.
10.2 Except for any legal responsibility that we cannot limit in law (such as for death or personal injury), our whole liability to you in connection with your purchase will be limited to the amount that you paid us for the goods and delivery.
11 LAW, DISPUTE, JURISDICTION AND LANGUAGE
11.1 We will try to resolve any disputes with you quickly and efficiently.
11.2 If you are unhappy with the goods, our service to you, or any other matter, please contact us as soon as possible.
11.3 Any matter that arises out of your use of this Website (including any contract entered between you and us through the Website) shall be governed by the laws of England and Wales and any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales. All contracts shall be concluded in English. (including non-contractual claims and disputes).
“Content” is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this site. We try to ensure that the information on this site is accurate and complete. But we do not promise that our Content is accurate or error-free. We cannot guarantee that our 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. Your use of the site and its content grants no rights to you in relation to any intellectual property rights relating to the Content 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. Any reproduction or redistribution of the Content is prohibited and may result in civil and criminal penalties.
13 THIRD PARTY RIGHTS
No one other than a party to this contract has any right to enforce any term of this contract.
14 OUR RIGHT TO AMEND TERMS
We reserve the right to change these terms at any time and we encourage you to revisit these terms periodically to ensure that you are at all times fully aware of our terms. Any changes are effective immediately upon posting to the website. Your continued use of the website constitutes your agreement to all such terms. We may, with or without prior notice, terminate any of the rights granted by these terms. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the website.
15 INDEMNITY & CIRCUMSTANCES BEYOND CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside of our reasonable control. A Frustration Clause includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following strikes, lock-outs or other industrial action: civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation of war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, impossibility of the use of Railways, Shipping, Aircraft, Motor transport or other means of public or private transport; impossibility of the use of public or private telecommunications networks, the acts decrees, legislation, regulations or restrictions of any government; and pandemic or epidemic. Our performance under any contract is deemed to be suspended for the period that the Frustration event continues, and we will have an extension of time for performance for the duration of that period. We will use out reasonable endeavours to bring the Frustration event to a close or to find a solution by with our obligations under the contract may be performed despite the Frustration Event.
No relaxation or delay by us in exercising any right or remedy under these Terms and Conditions shall operate as waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing.
If any of these Terms and Conditions are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these Terms and Conditions shall remain in full force and effect.
18 ENTIRE AGREEMENT
These Terms and Conditions set out the entire agreement between you and us supersedes any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law.