CONDITIONS OF USE
AZiiNA’s (“AZiiNA design”, “we”, “our”, “us”) website(s) (our “Site” or “Sites”) and related services are made available to you in accordance with the following Conditions of Use, and any other rules posted on our Sites.
AZiiNA is a trading name of AZiiNA Limited, a company registered in England and Wales under registration number 8142125.
We may modify the Conditions of Use from time to time. Please read the Conditions of Use and check back often. If you do not agree to any change to the Conditions of Use then you must immediately stop using the Site. Any changes made after you have placed an order will not affect that order unless we are required to make the change by law.
To use some of the services or features made available to you on this Site you will need to register. When you register you are required to provide information about yourself that is true, accurate, current, and complete in all respects. Should any of your registration information change, please notify us immediately at the following e-mail address firstname.lastname@example.org. We may also change registration requirements from time to time.
The account password you provide should be unique and kept secure, and you must notify AZiiNA immediately of any breach of security or unauthorized use of your account.
ELIGIBILITY TO PURCHASE
In order to make purchases on the Site you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided.
Furthermore, you agree that we may use Personal Information provided by you in order to conduct appropriate anti fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers.
AZiiNA 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.
AZiiNA will store a record of your transactions for a minimum of one year.
Prices shown on the Site are in GBP or Euros and are inclusive of VAT at the applicable rate unless you have selected an alternative country where VAT is not chargeable.
All prices and offers remain valid as advertised from time to time. The GBP or Euros price of a product displayed on the Site at the time the order is accepted will be honored, except in cases of error.
Product prices are set at the beginning of each season using existing currency exchange rates. These prices are subject to change if the applicable currency exchange rate changes before your order is accepted or the items are subject to markdowns at any time during the selling period.
Customers purchasing from a country served as DDP or DDU will incur relevant import duties and taxes whether it be by us, or by an import broker appointed by you. We recommend you contact your local customs authority to determine a landed cost price prior to purchase completion.
If you are a customer whose credit/debit card is not denominated in Sterling or Euros, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.
ACCEPTANCE OF YOUR ORDER
Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it.
Unless you cancel your order, acceptance of your order and completion of the contract between you and AZiiNA 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 Conditions of Use.
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.
Payment can be made by PayPal, and any other methods that may be clearly advertised on the Site from time to time. Payment will be debited and cleared from your account upon completion of your order by AZiiNA. If the issuer of your payment card refuses to authorize payment to AZiiNA, we will not be liable for any delay or non-delivery.
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 unauthorized access to any data you provide when accessing or ordering from the Site.
AZiiNA Printed and Virtual Gift Cards are sold subject to the following terms and conditions:
- Gift Cards are valid for 12 months from date of purchase.
- Gift Cards can be redeemed against all products on the aziina.com site.
- Gift Cards are non transferable and may not be returned or redeemed for cash.
- If your order total is less than the value of the Gift Card, the remaining balance will be credited to your account and will be redeemed against subsequent orders.
- All returns that have been originally purchased with a Gift Card will not be given monetary refunds, only exchanges will be allowed.
- Virtual Gift Cards will be e-mailed to/ downloaded by the customer once the full order has been processed and payment has been taken.
- AZiiNA is not liable for delivery of a Virtual Gift Card to an incorrect or non-existent email address. This is the sole responsibility of the purchaser.
- AZiiNA is not responsible if a Gift Card is lost, stolen, destroyed or used without permission.
- AZiiNA reserves the right to cancel a Gift Card if we deem such action necessary.
- Promotion/Coupon codes cannot be applied to the purchase of Gift Cards.
- Sales tax and shipping is applicable on any products purchased with a AZiiNA Gift Card.
- Shipping is applicable on Printed Gift Cards.
Promotion/Coupon codes are non-transferable and there is no cash alternative. Furthermore, they cannot be used in conjunction with any other promotion code or offers, and must be redeemed by the date published, if provided.
INSURANCE AND DELIVERY
AZiiNA insures 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 AZiiNA, and transfer of responsibility in the same way.
AZiiNA are not responsible for any delays caused by destination customs clearance processes.
RETURNS AND EXCHANGES
CANCELLING YOUR ORDER UNDER THE DISTANCE SELLING REGULATIONS
If you are based in the EU under the Consumer Protection (Distance Selling) Regulations 2000 (DSRs), you have the right to cancel your order with us provided you give us written notice. Notice can be given any time after your order has been placed, up until 7 working days from the day after you received you order. Notice of contract cancellation under the DSRs must be given in writing via e-mail to: email@example.com
For orders cancelled under the DSRs, we will issue you with a full refund including the shipping cost. However, 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. Cancelled orders should be returned to the return address. All items must be returned unused and in their original condition, from the original delivery country.
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. Refunds will be issued within 30 days of us receiving your cancellation notice. If we do not receive the cancelled order back, we will arrange to have it collected from you at your cost.
Please note you may only use your right to cancel the order under the DSRs if you give us formal written notice of cancellation any time after your order has been placed, up until 7 working days from the day after you receive you order, by email as described above.
Shipping is complementary on replacement items, on the condition that the original item was faulty, but exchanges made to destinations outside of the UK will be processed for customs clearance and therefore any relevant import duty and tax charges will apply.
Items should be returned unused and with all AZiiNA and designer garment tags still attached. Returns that are damaged or soiled may not be accepted and may be sent back to the customer and/or a refund refused.
Lingerie & Swimwear
Briefs, swimming costumes and bikini bottoms should be tried on over underwear, without removing the protective adhesive strip. Returns may not be accepted if this strip has been removed or if items are soiled, and may be sent back to the customer.
Goods are faulty if they are received damaged or where a manufacturing fault occurs within six months of purchase. 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.
We have made every effort to display as accurately as possible the colors of our products that appear on AZiiNA. However, as computer monitors vary, we cannot guarantee that your monitor’s display of any color will be completely accurate.
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, including AZiiNA 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 AZiiNA. 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. AZiiNA tries to ensure that the information on this site is accurate and complete. AZiiNA does not promise that AZiiNA’s Content is accurate or error-free. AZiiNA does not promise that the functional aspects of the Site or AZiiNA’s Content will be error free or that this Site, AZiiNA 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 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 AZiiNA, including advertisers. AZiiNA 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; 2. Certain remedies if a product is defective; and 3. A right to cancel any order for a product within seven 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 Conditions of Use 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 the Conditions of Use is intended to affect your rights under the law (see “Your Rights” above).
If AZiiNA breaches the Conditions of Use we shall only be liable for losses which are direct losses and a reasonably foreseeable consequence of such a breach. Losses are foreseeable where, for example, they could be contemplated by you and AZiiNA at the time of you placing your order, and AZiiNA dispatching your order. We shall only be liable for losses up to 100% 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 Conditions of Use 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 AZiiNA 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 Conditions of Use 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 AZiiNA as a result of the Conditions of Use 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 AZiiNA, and we shall not be liable for any representation, act, or omission on your part.
If you breach the Conditions of Use 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 Conditions of Use.
The Conditions of Use together with all our policies and procedures will be governed by and construed in accordance to the relevant United Kingdom law and the relevant courts of the United Kingdom will have exclusive jurisdicti